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LIBRARY 

OF 

THE UNIVERSITY OF TEXAS 



THE GENARO GARCIA 
COLLECTION 



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ANNUAL REPORT 



OF THE 



American Historical Association 



FOR 



THE YEAR 1908 



IN TWO VOLUMES 

Vol. 11(1) 

Diplomatic Correspondence of the Republic of Texas 
: :P»rt:II : . 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1911 



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EIGHTH REPORT OF THE 
HISTORICAL MANUSCRIPTS COMMISSION. 



DIPLOMATIC CORRESPONDENCE OF THE REPUBLIC OF TEXAS. 



PART II. 



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DIPLOMATIC CORRESPONDENCE OF THE REPUBLIC OF TEXAS. 

EDITED BY 

Profesior of History in the University of Texas. 

PART II. 

CORRESPONDENCE WITH THE UNITED STATES (concluded), MEXICO, 
AND YUCATAN. 



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CONTENTS. 



Page. 

Introduction 29 

Note on death of Professor Garriaou 33 

Correspondence with the United States, 1843 to 1846 (with additional letters, 
1835-1842), with Mexico and Yucatan, and with Great Britain and the 

European powers 35 

Calendar of correspondence hitherto printed 35 

Correspondence hitherto unpublished — 
Correspondence with the United States — 
Additional letters, 1835-1842— 

Sam Houston to J. Pinckney Henderson, December 31, 1836 51 

James Webb to Alc6e La Branche, May 27, 1839 52 

David G. Burnet to Richard G. Dunlap, June 3, 1839 53 

Nathaniel Amory to Richard G. Dunlap, July 24, 1839 53 

David G. Burnet to Richard G. Dunlap, August 19, 1839 54 

T. Dunlap to Richard G. Dunlap, September 28, 1839 56 

Nathaniel Amory to Richard G. Dunlap, October 25, 1839 56 

John Emberson to Albert Sidney Johnston, September 2, 1839 (extract) 57 

David G. Burnet to Alc6e La Branche, November 29, 1839 57 

David G. Burnet to Alc6e La Branche, December 3, 1839 59 

David G. Burnet to Alc^ La Branche, December 7, 1839 59 

William Scurlock to David G. Burnet, November 30, 1839 60 

William M. Williams to David G. Burnet, November 30, 1839 60 

D. Rowlett to David G. Bumet, undated 61 

David G. Bumet to Alc6e La Branche, December 16, 1839 61 

David G. Bumet to Alc^ La Branche, December 17, 1839 63 

David G. Bumet to Alc^e La Branche, December 20, 1839 63 

D. Rowlett to David G. Bumet, January 5, 1840 64 

David G. Bumet to Richard G. Dunlap, January 20, 1840 65 

Abner S. Lipscomb to Alc^ La Branche, April 1, 1840 67 

Deposition of Swagerty and others, July 10, 1840 68 

Abner S. Lipscomb to James Hamilton and A. T. Bumley, AugUHt 15, 

1840 69 

Joseph Waplee to Barnard E. Bee, September 19, 1840 71 

Abner S. Lipscomb to Geo. H. Flood, December 13, 1840 72 

Joseph Waplee to Nathaniel Amory, January 5, 1841 72 

Joseph Waples to Geo. H. Flood, January 28, 1841 73 

Joseph Waplee to Geo. H. Flood, February 2, 1841 73 

Joseph Waples to Geo. H. Flood, February 3, 1841 74 

James S. Mayfield to Geo. H. Flood, February 12, 1841 74 

James S. Mayfield to Barnard E. Bee, February 17, 1841 75 

James S. Mayfield to Barnard E. Bee, March 22, 1841 77 

Geo. H. Flood to Jamee S. Mayfield, March 25, 1841 79 

James S. Mayfield to Geo. H. Flood, March 29, 1841 80 

Geo. H. Flood to James S. Mayfield, March 31, 1841 81 

James S. Mayfield to Barnard E. Bee, April 20, 1841 82 

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8 CONTENTS. 

Correspondence with the United States — Continued. Page. 

Additional letters, 1835-1842— Continued. 

James S. Mayfield to Nathaniel Amory, April 24, 1841 86 

Samuel A. Roberta to Barnard E. Bee, June 21, 1841 87 

Samuel A. Roberts to Barnard E. Bee, July 8, 1841 93 

Samuel A. Roberta to Joseph Eve, August 11, 1841 94 

Samuel A. Roberta to Joseph Eve, August 17, 1841 94 

Samuel A. Roberts to Barnard E. Bee, September 7, 1841 96 

Sam Houston to Joseph Eve, July 30, 1842 100 

Sam Houston to A. B. Roman, September 12, 1842 101 

Sam Houston to A. B. Roman, October 29, 1842 101 

Correspondence for 1843-1846 — 

Isaac Van Zandt to Anson Jones, January 11, 1843 103 

Joseph Eve to Anson Jones, January 11, 1843 (extract) 106 

Isaac Van Zandt to Anson Jones, January 20, 1843 107 

J. C. Spencer to Isaac Van Zandt, January 17, 1843 107 

T. Hartley Crawford to Wm. Armstrong, January 12, 1843 107 

R. Jones to W. Davenport and G. Loomis, January 13, 1843 108 

Isaac Van Zandt to Anson Jones, January 25, 1843 115 

Joseph Eve to Anson Jones, January 26, 1843 118 

M. E. Hale to Joseph Eve, December 27, 1842 119 

Charges for retention of the brig Retrieve 121 

Anson Jones to Isaac Van Zandt, January 31, 1843 ^ 121 

Anson Jones to Joseph Eve, February 5, 1843 122 

Anson Jones to Isaac Van Zandt, February 10, 1843 123 

Wm. Henry Daingerfield to Anson Jones, February 14, 1843 124 

Anson Jones to Isaac Van Zandt, February 16, 1843 125 

Sam Houston to Joseph Eve, February 17, 1843 (extract) , 128 

Joseph Eve to Joseph Waples, February 27, 1843 128 

Copy and sunmiary of instructions United States Department of State to 

Joseph Eve as charg^ to Texaa, June 15, 1841 129 

Wm. Henry Daingerfield to Anson Jones, March 10, 1843 130 

Joseph Eve to Anson Jones, March 13, 1843 131 

Isaac Van Zandt to Anson Jones, March 13, 1843 132 

' Daniel Webster to Isaac Van Zandt, March 11, 1843 138 

Isaac Van Zandt to William S. Archer, January 10, 1843 ^ . . . 139 

Isaac Van Zandt to Anson Jones, April 5, 1843 149 

Isaac Van Zandt to Daniel Webster, March 23, 1843 152 

Joseph Eve to Anson Jones, April 13, 1843 163 

Isaac Van Zandt to Anson Jones, April 19, 1843 164 

Isaac Van Zandt to Anson Jones, April 21, 1843 168 

Anson Jones to Joseph Eve, April 22, 1843 170 

Joseph Eve to Anson Jones, April 28, 1843 171 

ReubenM. Potter to A. M. Green, March 10, 1843 172 

A. M. Green to Joseph Eve, March 17, 1843 172 

Isaac Van Zandt to Anson Jones, May 3, 1843 173 

Sam Houston to Joseph Eve, May 6, 1843 174 

Anson Jones to Isaac Van Zandt, May 8, 1843 175 

Anson Jones to Isaac Van Zandt, May 9, 1843 177 

Joseph W. Robertson to Anson Jones, April 20, 1843 177 

Chas. H. Raymond to Anson Jones, May 12, 1843 178 

Anson Jones to Joseph Eve, May 16, 1843 179 

Anson Jones to Joseph Eve, May 17, 1843 180 

Anson Jones to Isaac Van Zandt, June 1, 1843 181 



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CONTENTS. 9 

Correspondence with the United States — Continued. Page. 

Jesse Benton to Anson Jones, May 1, 1843 182 

Petition of James Bourland 183 

Isaac Van Zandt to Anson Jones, June 5, 1843 186 

Petition of Joseph Cooper to the Texan minister 187 

Anson Jones to Isaac Van Zandt, June 8, 1843 189 

Joseph Eve to President of Texas [Houston], June 10, 1843 190 

Anson Jonee to Isaac Van Zandt, June 15, 1843 192 

Isaac Van Zandt to Anson Jones, June 29, 1843 192 

Anson Jones to Isaac Van Zandt, July 6, 1843 195 

Anson Jones to Isaac Van Zandt, July 7, 1843 196 

Isaac Van Zandt to Anson Jones, August 10, 1843 197 

Isaac Van Zandt to Anson Jones, August 15, 1843 201 

J. M. Porter to H. S. Legar^, May 11, 1843 203 

William Armstrong to T. H. Crawford, April 10, 1843 203 

William Armstrong to T. H. Crawford 203 

Chas. H. Raymond to Anson Jones, August 20, 1843 204 

Isaac Van Zandt to Anson Jones, August 31, 1843 205 

Isaac Van Zandt to Anson Jones, September 18, 1843 207 

Isaac Van Zandt to Anson Jones, September 18, 1843 211 

Anson Jones to Isaac Van Zandt, September 29, 1843 212 

M. C. Hamilton to Jacob Snively, February 16, 1843 217 

Jacob Snively to Geo. W. HUl, July 9, 1843 218 

Isaac Van Zandt to Anson Jones, October 16, 1843 221 

Isaac Van Zandt to Anson Jones, November 4, 1843 224 

Isaac Van Zandt to Anson Jones, November 30, 1843 228 

W. S. Murphy to Anson Jones, December 1, 1843 230 

Anson Jones to Isaac Van Zandt, December 13, 1843 232 

W. S. Murphy to Anson Jones, December 24, 1843 236 

Isaac Van Zandt to Anson Jones, January 2, 1844 236 

Isaac Van Zandt to Anson Jones, January 20, 1844 239 

A. P. Upshur to Isaac Van Zandt, January 16, 1844 244 

Anson Jonee to Isaac Van Zandt, January 27, 1844 248 

Anson Jones to J. Pinckney Henderson, February 15, 1844 252 

Anson Jones to W. S. Murphy, February 16, 1844 253 

Isaac Van Zandt to Anson Jones, February 22, 1844 254 

J. H. Brewer to Isaac Van Zandt, January 31, 1844 (extract) 256 

Isaac Van Zandt to A. P. Upshur, February 21, 1844 258 

Anson Jones to Isaac Van 2iandt, February 24, 1844 259 

Anson Jones to Henderson and Van Zandt, February 25, 1844 259 

Isaac Van Zandt to Anson Jones, March 5, 1844 261 

Isaac Van Zandt to Anson Jones, March 20, 1844 263 

Isaac Van Zandt to Anson Jones, March 22, 1844 264 

Isaac Van Zandt to Anson Jones, March 25, 1844 264 

Anson Jones to Isaac Van Zandt, March 26, 1844 265 

Anson Jones to Isaac Van Zandt, April 6, 1844 267 

Anson Jones to Isaac Van Zandt, April 12, 1844 268 

Van Zandt and Henderson to Anson Jones, April 12, 1844 269 

Sam Houston to Henderson and Van Zandt, April 16, 1844 (extract) 273 

Sam Houston to Van Zandt and Henderson, April 29, 1844 274 

Anson Jones to Van Zandt and Henderson, May 2, 1844 276 

Sam Houston to Van Zandt and Henderson, May 10, 1844 278 

Isaac Van Zandt to Anson Jones, May 11, 1844 280 

Sam Houaton to Van Zandt and Henderson, May 17, 1844 281 



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10 CONTENTS. 

Correapondence with the United States— Continued. Page. 

Van Zandt and Henderson to Anson Jones, May 25, 1844 283 

Van Zandt and Henderson to Anson Jones, June 10, 1844 284 

Isaac Van Zandt to Anson Jones, June 13, 1844 285 

Van Zandt and Henderson to Anson Jones, June 15, 1844 286 

Isaac Van Zandt to Anson Jones, June 18, 1844 287 

Isaac Van Zandt to Anson Jones, July 6, 1844 288 

Anson Jones to Isaac Van Zandt, July 13, 1844 289 

A. M. Green to Anson Jones, July 14, 1844 290 

Anson Jones to A. M. Green, July 22, 1844 291 

Anson Jones to Charles H. Raymond, July 29, 1844. . .'. 292 

Address of Tilghman A. Howard to Anson Jones, between August 2 and 6, 

1844 293 

Anson Jones's reply to Howard *s address 294 

Anson Jones to Charles H. Raymond, August 6, 1844 295 

Isaac Van Zandt to Anson Jones, August 8, 1844 297 

J. H. Brower to Isaac Van Zandt, July 27, 1844 (extract) 299 

Isaac Van Zandt to Anson Jones, August 16, 1844 300 

Wm. Wilkins to John C. Calhoun, April 24, 1844 301 

Proceedings of Court of Inquiry in case of Cooke, April 24, 1844 (extract). 302 

D. Parker to John C. Calhoun, June 27, 1844 303 

R. Jones to the Secretary of War [of the United States], June 27, 1844 303 

R. Jones to Zachary Taylor, March 11, 1844 304 

Zachary Taylor to AdjutantrGeneral [R. Jones], April 2, 1844 304 

G. Loomis to W. W. S. Bliss, April 20, 1843 305 

Isaac Van Zandt to Anson Jones, August 19, 1844 306 

J. H. Brower to Isaac Van Zandt, August 16, 1844 (extract) 307 

Isaac Van Zandt to Anson Jones, September 11, 1844 309 

Charles H. Raymond to Anson Jones, September 12, 1844 310 

Charles H. Raymond to Anson Jones, September 19, 1844 312 

Charles H. Raymond to Anson Jones, October 1, 1844 313 

Anson Jones to James Reily, October 16, 1844 315 

Anson Jones to Charles H. Raymond, October 24, 1844 316 

Charles H. Raymond to Anson Jones, November 27, 1844 317 

A. J. Donelson to Anson Jones, December 2, 1844 318 

M.S. CucuUu to John C. Spencer, April 26, 1844 319 

Balie Peyton to M. S. CucuUu, April 26, 1844 320 

Eddy and Moss to the collector of the customs at New Orleans, April 23, 

1843 321 

Agreement of Eddy and Moss with Wm. V. C. Dashiell, April 17, 1844 321 

Notesof Eddy and Moss, April 17, 1844 322 

Charles H. Raymond to the Secretary of State of Texas [Jones], December 

4,1844 323 

John C. Calhoun to Charles H. Raymond, December 2, 1844 324 

Charles H. Raymond to John C. Calhoun, December 2, 1844 325 

A. J. Donelson to Anson Jones, December 6, 1844 325 

Anson Jones to A. J. Donelson, December 7, 1844 326 

A. J. Donelson to Secretary of State [Allen,. arf interim], December 10, 1844. 327 

Ebenezer Allen to A. J. Donelson, December 11, 1844 327 

A. J. Donelson to Ebenezer Allen, December 13, 1844 328 

Charles H. Raymond to the Secretary of State of Texas [Allen], 

December 30, 1844 329 

John C. Calhoun to Charles H. Raymond, December 23, 1844 \ . . 330 

Charlee H. Raymond to John C. Calhoun, December 27, 1844 331 



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CONTENTS. 11 

'Correspondence with the United States — Continued. Page. 

Ebenezer Allen to A. J. Donelson, January 4, 1845 332 

Charles H. Raymond to Ebenezer Allen, January 4, 1845 334 

A.J. Donelson to Ebenezer Allen, January 6, 1845 335 

Ebenezer Allen to Charles H. Raymond, January 10, 1845 337 

Charles H. Raymond to Ebenezer Allen, January 11, 1845 339 

Ebenezer Allen to Charles H. Raymond, January 16, 1845 340 

Charles H. Raymond to Ebenezer Allen, January 16, 1845 341 

Ebenezer Allen to Charles H. Raymond, January 20, 1845 342 

Deposition of George W. Wright, January 18, 1845 343 

Deposition of James Bourland, January 18, 1845 344 

A. J. Donelson to Ebenezer Allen, January 20, 1845 346 

Duff Green to A. J. Donelson, January 20, 1845 347 

Williams, Thurston, and Meggerson to Duff Green, January 1, 1845 348 

A. J. Donelson to Ebenezer Allen, January 21, 1845 349 

Ebenezer Allen to A. J. Donelson, January 21, 1845 350 

Charles H. Raymond to Ebenezer Allen, January 27, 1845 352 

John C. Calhoun to Charles H. Raymond, January 22, 1845 353 

Charles H. Raymond to Ebenezer Allen, February 6, 1845 354 

Charles H. Raymond to John C. Calhoun, February 6, 1845 354 

Ashbel Smith to A. J. Donelson, February 10, 1845 355 

Ashbel Smith to Charles H. Raymond, February 11, 1845 358 

Charles H. Raymond to Ebenezer Allen, February 18, 1845 359 

Charles H. Raymond to John C. Calhoun, February 10, 1845 360 

Charles H. Raymond to John C. Calhoun, February 11, 1845 361 

Charles H. Raymond to Ebenezer Allen, February 21, 1845 362 

Charles H. Raymond to Ebenezer Allen, February 28, 1845 364 

Ashbel Smith to Charles H. Raymond, March 21 , 1845 365 

Ashbel Smith to Stewart Newell, March 24, 1845 366 

Charles H. Raymond to Ashbel Smith, March 31, 1845 367 

A. J. Donelson to Ebenezer Allen, April 7, 1845 : 369 

Charles H. Raymond to Ebenezer Allen, April 30, 1845 374 

Charles H. Raymond to Ebenezer Allen, May 19, 1845 377 

Ebenezer Allen to David S. Kaufman, July 10, 1845 381 

Ebenezer Allen to David S. Kaufman, July 10, 1845 382 

Anson Jones to James K. Polk, July 12, 1845 386 

Ebenezer Allen to William D. Lee, August 2, 1845 388 

T. Hartley Crawford to Andrew J. Donelson, July 29, 1845 390 

E. A. Rhodes to Ebenezer Allen, August 21, 1845 390 

J. Y. Mason to E. A. Rhodes, August 7, 1845 391 

E. A. Rhodes to Ebenezer Allen, August 21, 1845 391 

Anson Jones to Zachary Taylor, August 23, 1845 393 

Ebenezer Allen to E. A. Rhodes, August 30, 1845 395 

William D. Lee to Ebenezer Allen, September 8, 1845 398 

James Buchanan to William D. Lee, September 6, 1845 399 

William D. Lee to James Buchanan, September 8, 1845 400 

David S. Kaufman to Ebenezer Allen, September 30, 1845 401 

David S. Kaufman to James Buchanan, September 23, 1845 402 

WilliamD. Lee to Ebenezer Allen, October 8, 1845 406 

Ebenezer Allen to David S. Kaufman, October 15, 1815 409 

William D. Lee to Ebenezer Allen, October 21, 1845 410 

W. L. Marcy to David S. Kaufman, October 10, 1845 410 

David S. Kaufman to Ebenezer Allen, November 3, 1845 411 

William D. Lee to Ebenezer Allen, November 8, 1845 412 



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12 CONTENTS. 

Correspondence with the United States— Continued. P«Ke.- 

William D. Lee to James Buchanan, November 6, 1845 413 

Anson Jones to James K. Polk, November 12, 1845 414 

Joseph C. Eldredge to E. A. Rhodes, November 29, 1845 415 

Anson Jones to James K. Polk, February 16, 1846 415 

R. J. Walker to Hiram G. Runnels, March 25, 1846 416 

Correspondence with Mexico — 

David G. Burnet to Anto. Lopez de Santa Anna, May 17, 1836 418 

David G. Burnet to Anto. Lopez de Santa Anna, May 19, 1836 419 

David G. Burnet to Anto. Lopez de Santa Anna, May 20, 1836 420 

David G. Burnet to Anto. Lopez de Santa Anna, May 20, 1836 420 

Anto. Lopez de Santa Anna to David G. Burnet, June 4, 1836 421 

Anto. Lopez de Santa Anna to David G. Burnet, June 8, 1836 421 

Anto. Lopez de Santa Anna to David G. Burnet, June 8, 1836 422 

Anto. Lopez de Santa Anna to Sam Houston, October 24, 1836 423 

Stephen F. Austin to Fran. Pizarro Martinez, November 30, 1836 424 

Geo. W. Hockley to Sam Houston, December 13, 1836 425 

Geo. W. Hockley to Sam Houston, December 13, 1836 426 

Barnard E. Bee to Sam Houston, December 14, 1836 427 

Fran. Pizarro Martinez to Stephen F. Austin, December 29, 1836 428 

A. J. Yates to Stephen F. Austin, January 4, 1837 428 

Correspondent in Tampico to T. Toby, January 7, 1837 429 

Correspondent in Tampico to T. Toby, January 26, 1837 429 

Antonio Canales to Mirabeau B. Lamar, December 17, 1838 430 

James Webb to Barnard E. Bee, February 20, 1839 432 

Barnard E. Bee to James Webb, undated 437 

James Webb to Barnard E. Bee, March 7, 1839 437 

Barnard E. Bee to James Webb, April 1, 1839 438 

Barnard E. Bee to James Webb, April 6, 1839 438 

Barnard E. Bee to James Webb [April 7, 1839] 439 

Barnard E. Bee to James Webb, iindated 440 

Barnard E. Bee to James Webb, April 18, 1839 441 

Barnard E. Bee to James Webb, April 30, 1839 442 

Barnard E. Bee to James Webb, May 1, 1839 443 

Barnard E. Bee to James Webb, May 9, 1839 443 

Barnard E. Bee to James Webb, May 13, 1839 444 

Geo. L. Hammeken to James Hamilton, May 19, 1839 445 

Geo. L. Hanmieken to James Webb, May 20, 1839 446 

Barnard E. Bee to James Webb, May 24, 1839 447 

Barnard E. Bee to James Webb, May 28, 1839 449 

James Hamilton to Mirabeau B. Lamar, June 22, 1839 450 

J. R. Poinsett to James Hamilton, May 31, 1839 452 

James Hamilton to Mirabeau B. Lamar, June 28, 1839 453 

James Hamilton to R. Copeland, June 29, 1839 454 

Barnard E. Bee to James Webb, June, 1839 455 

Barnard E. Bee to James Webb, July 5, 1839 457 

Barnard E. Bee to James Webb, July 6, 1839 458 

James Hamilton to Mirabeau B. Lamar, July 8, 1839 459 

Barnard E. Bee to James Webb, July 9, 1839 460 

Barnard E. Bee to James Webb, undated 462 

Barnard E. Bee to James Webb, July, 1839 463 

James Webb to Barnard E. Bee, July 11, 1839 464 

Barnard E. Bee to James Webb, July 24, 1839 465 

BaniaxdE. Bee to James Webb, July 26, 1839 466 



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CONTENTS. 13 

Correspondence with Mexico— Continued. Page. 

Barnard E. Bee to [Lamar], July [?] 3839 467 

James Hamilton to Mirabeau B. Lamar, August 1, 1839 468 

Mirabeau B. Lamar to James Treat, August 9, 1839 469 

David G. Burnet to James Treat, August 9, 1839 470 

Barnard E. Bee to David G. Burnet, August 13, 1839 472 

Jacob Barker to Barnard E. Bee, August 32, 1839 474 

James Treat to David G. Burnet, August 33, 3839 475 

DaAdd G. Burnet to James Treat, August 19, 1839 476 

James Treat to Mirabeau B. I^mar, September 3, 1839 477 

James Treat to David G. Burnet, September 3, 1839 478 

James Treat to David G. Burnet, September 10, 1839 482 

James Treat to David G. Burnet, September 18, 1839 484 

James Treat to Mirabeau B. I^mar, September 18, 1839 486 

A Friend of Treat in Mexico to a Friend of Treat in New Orleans [Vitalba], 

August 2, 1839 '. 487 

A Friend of Treat in New Orleans [Vitalba] to James Treat, September 

2,1839 487 

James Treat to David G. Biumet, September 21, 1839 488 

James Treat to David G. Burnet, Octobers, 1839 490 

James Treat to David G. Burnet, October 10, 1839 492 

James Treat to David G. Burnet, October 23, 1839 494 

A. S. Wright to Wm. Bryan, November 21, 1839 496 

James Treat to David G. Burnet, November 28, 1839 500 

James Treat to David G. Burnet, November 29. 1839 501 

A. S. Wright to William Bryan,* December 7, 1839 503 

Juan de Dios Cafiedo to R. Pakenham, December 11, 1839 505 

James Treat to Mirabeau B. Lamar, December 12, 1839 505 

James Treat to Mirabeau B. Lamar, December 12, 1839 506 

James Treat to James Hamilton, December 16, 1839 507 

James Treat to Mirabeau B. Lamar, December 20, 1839 512 

David G. Burnet to James Hamilton, December 23, 1839 517 

A. S. Wright to Wm. Bryan, December 25, 1839 518 

A. S. Wright to John Merle, December25, 1839 520 

A. S. Wright to Wm. Bryan, December 27, 1839 520 

James Treat to Mirabeau B. Lamar, December 31, 1839 523 

James Hamilton to David G. Burnet, January 7, 1840 527 

James Treat to Mirabeau B. Lamar, January 7, 1840 527 

James Treat to Mirabeau B. Lamar, January 18, 1840 529 

James Treat to Mirabeau B. Lamar, January 22, 1840 536 

James Treat to Mirabeau B. Lamar, January 31, 1840 538 

James Treat to Mirabeau B. Lamar, February 1, 1840 542 

James Treat to Mirabeau B. Lamar, February 4, 1840 543 

Abner S. Lipscomb to Barnard E. Bee, February 6, 1840 546 

James Treat to Mirabeau B. Lamar, February 6, 1840 545 

James Treat to Mirabeau B. Lamar, February 7, 1840 548 

James Treat to Juan de Dios CaAedo, January 24, 1840 550 

James Treat to Juan de Dios Cafiedo, January 24, 1840 551 

James Treat to Juan de Dios Cafiedo, February 7, 1840 553 

James Treat to Mirabeau B. Lamar, February 8/ 1840 559 

James Treat to Mirabeau B. Lamar, February 8, 1840 560 

James Treat to Mirabeau B. Lamar, February 15, 1840 564 

James Treat to Mirabeau B. Lamar, February 21, 1840 570 

James Treat to Juan de Dios Cafiedo, January 24, 1840 572 



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14 CONTENTS. 

Correspondence with Mexico— Continued. Page. 

James Treat to Juan Nepomuceno Almonte, January 24, 1840 573 

James Treat to Juan de Dies Cafiedo, February 4, 1840. .* 575 

James Treat to Juan de Dies Cafiedo, February 10, 1840 576 

James Treat to Juan de Dios Cafiedo, February 12, 1840 576 

James Treat to Mirabeau B. Lamar, February 22, 1840 577 

James Treat to Mirabeau B. Lamar, February 29, 1840 579 

David G. Burnet to James Treat, March 12, 1840 581 

David G. Burnet to R. Pakenham, March 12, 1840 583 

David G. Burnet to R. Pakenham, March 12, 1840 583 

James Treat to Mirabeau B. Lamar, March 25, 1840 584 

James Treat to Mirabeau B. Lamar, March 27, 1840. 587 

Propositions of Texas to Mexico, March 21, 1840 592 

Basis of a Treaty between Mexico and Texas [March 21, 1840] 592 

James Treat to Mirabeau B. I^amar, March 31, 1840 593 

Abner S. Lipscomb to James Treat, April 1, 1840 595 

Abner S. Lipscomb to Hamilton and Burnley, April 1, 1840 596 

James Treat to Secretary of State [Lipscomb], April 10, 1840 597 

Jas. Ogilvy to R. Pakenham, August 20, 1839 597 

Jas. Ogilvy to R. Pakenham, August 20, 1839 600 

James Treat to Mirabeau B. Lamar, April 10, 1840 601 

James Treat to Mirabeau B. Lamar, April 10, 1840 601 

Correspondent at Vera Cruz to David G. Burnet, April 16, 1840 606 

James Treat to Mirabeau B. Lamar, April 21, 1840 606 

James Treat to Juan de Dios Cafiedo, April 20, 1840 608 

A. S. Wright to Barnard E. Bee, Februarys, 1840 609 

Barnard E. Bee to Secretary of State [Lipscomb], April 21, 1840 612 

James Treat to Mirabeau B. Lamar, April 24, 1840 612 

R. Pakenham to David G. Burnet, April 25, 1840 614 

James Treat to Mirabeau B. Lamar, April 30, 1840 615 

A. S. Wright to Barnard E. Bee, August 29, 1839 615 

A. S. Wright to Barnard E. Bee, November 10, 1839 618 

A. S. Wright to Barnard E. Bee, November — , 1839 620 

A. S. Wright to Barnard E. Bee, November 18, 1839 624 

Barnard E. Bee to Secretary of State [Lipscomb], April 30, 1840 C32 

Abner S. Lipscomb to James Hamilton, May 4, 1840 632 

Abner S. Lipscomb to James Treat, May 7, 1840 633 

James Treat to Mirabeau B. Lamar, May 7, 1840 634 

James Treat to Mirabeau B. Lamar, May 28, 1840 636 

James Treat to James Ritchie, June 3, 1840 639 

James Treat to Mirabeau B. Lamar, June 3, 1840 640 

James Treat to Mirabeau B. Lamar, June 6, 1840 641 

Abner S. Lipscomb to James Treat, June 13, 1840 642 

James Treat to Mirabeau B. Lamar, June 14, 1840 646 

James Treat to Abner S. Lipscomb, June 19, 1840 649 

Mirabeau B. Lamar to E. W. Moore, June 20, 1840 651 

A. S. Wright to Barnard E. Bee, June 25, 1840 652 

A. S. Wright to Barnard E. Bee, July 1, 1840 657 

James Treat to Abner S. Lipscomb, July 4, 1840 662 

James Treat to Mirabeau B. Lamar, July 4, 1840 663 

James Treat to Juan de Dios Cafiedo, June 20, 1840 665 

Barnard E. Bee to James Treat, April 28, 1»40 665 

James Treat to Abner S. Lipscomb, July 13, 1840 666 

James Treat to Mirabeau B. Lamar, July 13, 1840 668 



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CONTENTS. 15 

Correspondence with Mexico — Continued. Page. 

James Treat to Mirabeau B. Lamar, July 23, 1840 670 

James Treat to Abner S. Lipscomb, August 11, 1840 674 

James Treat to Mirabeau B. Lamar, August 11, 1840 675 

A. S. Wright to Barnard E. Bee, July 27, 1840 677 

A. S. Wright to Barnard E. Bee, August 18, 1840 682 

James Treat to Mirabeau B. Lamar, August 21, 1840 683 

James Treat to Abner S. Lipscomb, August 21, 1840 684 

Memorandum explaining attitude of Mexico towards Texas, August 19, 

1840 688 

James Treat to E. W. Moore, August 21, 1840 690 

E. W. Moore to James Treat, August 25, 1840 693 

E. W. Moore to Muabeau B. Lamar, August 28, 184Q 695 

E. W. Moore to Abner S. Lipscomb, August 28, 1840 696 

James Treat to Abner S. Lipscomb, September 7, 1840 697 

Memorandum communicated by Treat to Mexican Government, Septem- 
ber 5, 1840 700 

Abner S. Lipscomb to James Treat, September 15, 1840 703 

James Treat to Abner S. Lipscomb, September 29, 1840 •. 704 

Agent of Texas [Treat] to Secretary of State of Mexico [Cafledo], Septem- 
ber 21, 1840 706 

Preliminary memorandum for arrangement of armistice between Mexico 

and Texas, September 25, 1840 708 

James Treat to Abner S. Lipscomb, October 6, 1840 708 

James Treat to Abner S. Lipscomb, October 17, 1840 711 

James Treat to Abner S. Lipscomb, October 25, 1840 711 

E. W. Moore to James Treat, October 29, 1840 713 

E. W. Moore to Joaquin Rivas Sayas, October 16, 1840 714 

Joaquin Rivas Sayas to E. W. Moore, October 17, 1840 715 

Nathaniel Amory to Abner S. Lipscomb, November 27, 1840 716 

Juan N. Leplicher to Nathaniel Amory, October 17, 1840 -717 

A. S. Wright to Nathaniel Amory, October 17, 1840 718 

Juan Vitalba to Mirabeau B. Lamar, December 8, 1840 720 

James Treat to R. Pakenham, October 10, 1840 721 

James Treat to R. Pakenham, October 14, 1840 722 

James Treat to R. Pakenham, October 14, 1840 723 

R. Pakenham to James Treat, September 29, 1840 723 

Juan de Dies Cafiedo to R. Pakenham, September 26,^.840 725 

R. Pakenham to James Treat, October 14, 1840 726 

R. Pakenham to James Treat, October 15, 1840 726 

R. Pakenham to James Treat, October 21, U540 727 

R. Pakenham to James Treat, November 5, 1840 727 

James Treat to E. W. Moore, October 6, 1840 729 

James Treat to E. W. Moore, September 30, 1840 729 

A. S. Wright to Mirabeau B. Lamar, March 18, 1841 731 

James S. May field to James Webb, March 22, 1841 732 

List of Documents furnished Webb, undated 736 

Samuel A. Roberts to Cooke and others, June 15, 1841 737' 

Samuel A. Roberts to Wm. G. Cooke, June 15, 1841 743 

Samuel A. Roberts to Rafael Uribe, June 23, 1841 747 

Samuel A. Roberts to Van Ness and Morris, June 24, 1841 748 

Mirabeau B. Lamar to Mariano Arista, June 24, 1841 749 

James Webb to James S. Mayfield, June 29, 1841 751 

James Webb to Ignacio de Mora, May 31, 1841 752 



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16 CONTENTS. 

Correspondence with Mexico^-Continued. Page. 

Ignacio de Mora to James Webb, May 31, 1841 753 

James Webb to R. Pakenham, June 1, 1841 753 

R. Pakenham to James Webb, June 10, 1841 755 

Sebastian Canacho to R. Pakenham, June 8, 1841 757 

R. Pakenham to James S. Mayfield, June 10, 1841 758 

James Webb to R. Pakenham, June 16, 1841 759 

James Webb to Mirabeau B. Lamar, June 29, 1841 760 

Samuel A. Roberts to James Webb, July 7, 1841 766 

John D. Morris to Samuel A. Roberts, September 13, 1841 767 

John D. Morris to Samuel A. Roberts, September 30, 1841 768 

Van Ness and Morris to Rafael Uribe [July 18, 1841) 768 

Van Ness and Morris to Carrasco, July 25, 1841 772 

Van Ness and Morris to Mariano Arista, August 6, 1841 774 

Mariano Arista to Van Ness and Morris, August 8, 1841 776 

Brenham and Cooke to Secretary of State [Roberts], November 9, 1841 777 

Anson Jones to James Hamilton, December 26, 1842 784 

Sam Houston to Secretary of State [Jones], June 10, 1843 785 

Sam Houston to*Hockley and Williams, February 3, 1843 786 

G. W. Hill to Adrian Woll, July 29, 1844 789 

Reuben M. Potter to Ashbel Smith, March 18, 1845 790 

Correspondence with Yucatan — 

Mirabeau B. Lamar to Governor of Yucatan, July 20, 1841 792 

Miguel Barbachano to Mirabeau B. Lamar, August 24, 1841 793 

Martin F. Peraza to Samuel A. Roberts, September 11, 1841 794 

Samuel A. Roberts to Martin F. Peraza, September 13, 1841 795 

Martin F. Peraza to Samuel A. Roberts, September 18, 1841 796 

E. W. Moore to PedrffLemus, January 13, 1842 797 

Pedro Lemus to E. W. Moore, January 14, 1842 798 

Joaquin G. Rej6n to Secretary of State [Waples, acting], January 18, 1842. . 799 

Joaquin G. Rei6n to Secretary of State [Waples, acting], January 18, 1842. . 800 

Decree of Yucatdn Congress concerning the Zavala, September 1, 1840. . 801 

Instructions to Peraza, August 24, 1841 801 

Joaquin G. Rej6n to President of Texas, April 9, 1842 804 

Pedro Lemus to Secretary of State [Rej6n], April 8, 1842 804 

Correspondence with Great Britain — 

R. A. Irion to J. Pinckney Henderson, June 25, 1837 808 

J. Pinckney Hendersdh to Secretary of State [Irion], July 24, 1837 810 

R. A. Irion to J. Pinckney Henderson, August 23, 1837 810 

J. Pinckney Henderson to Secretary of State [Irion], October 14, 1837 812 

J. Pinckney Henderson to Lord Palmerston, October 11, 1837 812 

I^rd Palmerston to J. Pinckney Henderson, October 12, 1837 812 

J. Pinckney Henderson to Lord Palmerston, October 12, 1837 812 

J. Pinckney Henderson to R. A. Irion, November 5, 1837 821 

J. Pinckney Henderson to Lord Palmerston, October 26, 1837 821 

Lord Palmerston to J. Pinckney Henderson, October 31, 1837 829 

J. Pinckney Henderson to Lizardi <k Co., October 16, 1837 830 

J. Pinckney Henderson to R. A. Irion, December 22, 1837 831 

J. Pinckney Henderson to Lord Palmerston, December 6, 1837 832 

J. Pinckney Henderson to Lord Palmerston, December 15, 1837 832 

Lord Palmerston to J. Pinckney Henderson, December 18, 1837 832 

R. A. Irion to J. Pinckney Henderson, January 6, 1838 836 

J. Pinckney Henderson to R. A. Irion, January 5, 1838 839 

J. Pinckney Henderson to R. A. Irion, January 30, 1838 843 



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CONTENTS. 17 

Correspobdence with Great Britain—Continued. Page. 

J. Pinckney Henderson to Lord Palmerston, December 29, 1837 843 

J. Pinckney Henderson to Lord Palmerston, January 16, 1838 845 

J. Pinckney Henderson to Lord Palmerston, January 22, 1838 846 

Lord Palmerston to J. Pinckney Henderson, January 23, 1838 847 

R. A. Irion to Agent of Lloyds, March 8, 1838 848 

R. A. Irion to J. Pinckney Henderson, March 20, 1838 849 

J. Pinckney Henderson to R. A. Irion, April 12, 1838 863 

J. Pinckney Hendereon to Lord Palmerston, February 12, 1838 854 

Lord Palmerston to J. Pinckney Henderson, February 12, 1838 854 

J. Pinckney Henderson to Lord Palmerston, March 16, 1838 855 

J. Pinckney Henderson to Lord Palmerston, April 5, 1838 856 

Lord Palmerston to J. Pinckney Henderson, April 6, 1838 856 

J. Pinckney Henderson to Lord Palmerston, April 10, 1838 858 

Lord Palmerston to J. Pinckney Henderson, April 11, 1838 859 

R. A. Irion to J. Pinckney Henderson, May 20, 1838 '. 860 

R. A. Irion to J. Pinckney Henderson, June 6, 1838 862 

R. A. Irion to J. Pinckney Henderson, November 28, 1838 864 

Jamee Hamilton to H. S. Fox, May 20, 1839 867 

H. S. Fox to James Hamilton, May22, 1839 870' 

David G. Burnet to J. Pinckney Henderson, June 16, 1839 872 

David G. Burnet to Jamee Hamilton, August 19,1839 873 

J. Pinckney Henderson to Secretary of State [Burnet], October 16, 1839. . 874 

J. Pinckney Henderson to Secretary of State [Burnet], November 24, 1839. 875 

J. Pinckney Henderson to Secretary of State [Biumet], November 27, 1839. 876 

James Hamilton to David G. Burnet, January 5, 1840 878 

R. Pakenham to James Hamilton, December 12, 1839 879 

Jamee Hamilton to R. Pakenham, January 2, 1840 *, 881 

Jamee HamUton to R. Pakenham, January 3, 1840 883 

James Buchanan to E. W. Moore, January 7, 1840 885 

E. W. Moore to James Buchanan, January 8, 1840 885 

James Hamilton to Abner S. Lipecomb, February 25, 1840 886 

Jamee Hamilton to Lord Palmerston, February 10, 1840 887 

James Treat to Mirabeau B. Lamar, April 29, 1840 890 

James Treat to Abner S. Lipscomb, April 29, 1840 891 

R. Pakenham to James Treat, April 26, 1840 892 

Statement of Claim of Lizardi <k Co., November 20, 1839 895 

James Treat to Ri. Pakenham, April 28, 1840 897 

Abner S. Lipecomb to R. Pakenham, June 6, 1840 898 

John Taylor to Mirabeau B. Lamar, July 28, 1840 900 

List of negro subjects of Great Britain alleged to be held in slavery in Texas, 

undated 902 

James Hamilton to Abner S. Lipecomb, October 3, 1840 903 

Mirabeau B. Lamar to Lord Russell, October 12, 1840 903 

Joseph Waples to Wm. Barron, October 12, 1840 904 

James Hamilton to Abner S. Lipecomb, October 19, 1840 905 

Geo. S. Mcintosh to Mirabeau B. Lamar, October 22, 1840 906 

James Hamilton to Abner S. Lipscomb, November 1 , 1840 907 

James Hamilton to Lord Palmerston, November 5, 1840 909 

Abner S. Lipecomb to Wm. Barron, November 18, 1840 911 

Deposition of Grigsby, November 13, 1840 911 

Deposition of Hardin, October 31, 1840 912 

Contract of Taylor and Ames with Moore, May 28, 1836 913 

30728**— VOL 2, PT 1—11 2 

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18 CONTENTS. 

Correspondence with Great Britain — Continued. * Page. 

Deposition of Moore, November 2, 1840 914 

James Hamilton to Mirabeau B. Lamar, December 3, 1840 914 

James Hamilton to Monroe Edwards, November 23, 1840 916 

Lord Palmerston to James Hamilton, December 2, 1840 916 

James Hamilton to Abner S. Lipscomb, December 3, 1840 917 

James Hamilton to Abner S. Lipscomb, December 3, 1840 919 

Hamilton and Burnley to James H. Starr, December 3, 1840 920 

James Hamilton to Abner S. Lipscomb, January 4, 1841 921 

James Hamilton to Lord Palmerston, October 1, 1840 925 

Lord Palmerston to James Hamilton, October 18, 1840 (extract) 926 

James Hamilton to Mirabeau B. Lamar, January 4, 1841 926 

Lord Palmerston to James Hamilton, January 2, 1841 930 

James S. Mayfield to James Hamilton, February 12, 1841 930 

James S. Mayfield to James Hamilton, February 12, 1841 931 

A. T. Biimley to David G. Burnet, February 21, 1841 931 

Arthur Ikin to James S. Mayfield, May 18, 1841 936 

James Hamilton to James S. Mayfield, May 18, 1841 937 

Protocol of Conference between Plenipotentiaries of Great Britain and 

Texas, May 19, 1841 939 

Samuel A. Roberts to James Hamilton, July 5, 1841 939 

John Crawford to Mirabeau B. Lamar, July 30, 1841 942 

Lord Palmerston to Mirabeau B. Lamar, April 8, 1841 942 

James Hamilton to Samuel A. Roberts, September 3, 1841 943 

Anson Jones to James Hamilton, January 26, 1842 943 

James Hamilton to Anson Jones, February 8, 1842 944 

James Hamilton to Anson Jones, February 14, 1842 944 

James Hamilton to Nathaniel Amory, February 8, 1842 945 

James Hamilton to Anson Jones, February 18, 1842 945 

James Hamilton to Anson Jones, March 4, 1842 947 

Anson Jones to Ashbel Smith, March 9, 1842 948 

Arthur Ikin to Anson Jones, March 15, 1842 950 

Anson Jones to Ashbel Smith, April 4, 1842 952 

Geo. Fisher to Anson Jones, April 25, 1842 953 

Ashbel Smith to Anson Jones, May 17, 1842 955 

Ashbel Smith to Anson Jones, June 3, 1842 959 

Ashbel Smith to Anson Jones, June 3, 1842 961 

Anson Jones to Ashbel Smith, June 7, 1842 ^ 963 

Ashbel Smith to Anson Jones, June 18, 1842 966 

Ashbel Smith to Anson Jones, June 18, 1842 967 

Lord Aberdeen to Secretary of State of Texas [Jones], June 28, 1842 969 

Ashbel Smith to Anson Jones, July 3, 1842 971 

Ashbel Smith to Anson Jones, July 4, 1842 976 

Ashbel Smith to Lord Aberdeen, July 1, 1842 977 

Ashbel Smith to Anson Jones, July 11, 1842 978 

Ashbel Smith to Edward Everett, May 12, 1842 979 

Edward Everett to Ashbel Smith, May 12, 1842 979 

Edward Everett to Ashbel Smith, May 13, 1842 979 

Edward Everett to Ashbel Smith, May 13, 1842 980 

Ashbel Smith to Samuel Amory, May 13, 1842 980 

Samuel Amory to George K. Teulon, May 13, 1842 980 

Ashbel Smith to Edward Everett, May 13, 1842 981 

Edward Everett to Ashbel Smith, May 15, 1842 ^ 981 

Ashbel Smith to Edward Everett, May 16, 1842 981 



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CONTENTS. 19 

Correspondence with Great Britain — Continued. Page. 

A^bel Smith to Lord Aberdeen, May 21, 1842 981 

Ashbel Smith to Lord Aberdeen, May 27, 1842 982 

Lord Aberdeen to Ashbel Smith, May 30, 1842 982 

M. P. Russell to Ashbel Smith, June 4, 1842 (extract) *.. 982 

Ashbel Smith to James Reily, June 6, 1842 983 

Ashbel Smith to Geo. S. Mcintosh, June 7, 1842 984 

Ashbel Smith to Lord Aberdeen, June 14, 1842 985 

Protest against building Steamers in Great Britain for use of Mexico 

against Texas, June 14, 1842 986 

M. P. Russell to Ashbel Smith, June 15, 1842 986 

Lord Aberdeen to Ashbel Smith, June 17, 1842 987 

Ashbel Smith to Geo. S. Mcintosh, June 20, 1842 987 

Ashbel Smith to Lord Aberdeen, June 24, 1842 988 

lx)rd Aberdeen to Ashbel Smith, June 25, 1842 988 

Ashbel Smith to M. P. Russell, June 22, 1842 988 

Joseph Hume to Ashbel Smith, June 29, 1842 989 

Lachlin M. Rate to Ashbel Smith, June 29, 1842 990 

Memorandum concerning War Steamers to be used against Texas, un- 
dated 990 

Wm. Pringle to Ashbel Smith, June 29 (?), 1842 990 

M. P. Russell to Ashbel Smith, June 30, 1842 991 

William Kennedy to Ashbel Smith, June 30, 1842. 991 

Arthur Ikin to Ashbel Smith, July 1, 1842 992 

Ashbel Smith to Arthur Ikin, July 2, 1842 993 

Fox Sons & Co. to Ashbel Smith, July 2, 1842 993 

Ashbel Smith to Lord Aberdeen, July 4, 1842 993 

Gabriel Shaw to Ashbel Smith, July 5, 1842 994 

Ashbel Smith to Joseph Hume, July 5, 1842 994 

Ashbel Smith to Lachlin M. Rate, July 7, 1842 994 

Advertisement of Texan Bonds, July, 1842 : . .995 

Wm. Pringle to Ashbel Smith, July 8, 1842 995 

Ashbel Smith to Wm. Pringle, July 8, 1842 995 

Lachlin M. Rate to Ashbel Smith, July 8, 1842 995 

Protocol of Conference between Plenipotentiaries of Texas and Great 

Britain, June 28, 1842 996 

Certificate of Exchange of Ratification of Convention as to Debt be- 
tween Texas and Great Britain, June 28, 1842 997 

Ashbel Smith to Anson Jones, July 12, 1842 997 

Ashbel Smith to Anson Jones, August 13, 1842 999 

Debate in House of Commons, Mexico and Texas, August 2, 1842 1000 

Ashbel Smith to Wm. Pringle, July 31, 1842 1001 

Wm. Pringle to Ashbel Smith, August4, 1842 1002 

Wm. Pringle to Ashbel Smith, August 5, 1842 1003 

G. W. Terrell to Ashbel Smith, August 20, 1842 1004 

Charles Elliot to Secretary of State [Jones], August 23, 1842 1009 

G. W. Terrell to Charles Elliot, August 29, 1842 1009 

G. W. Terrell to Lord Aberdeen, August 30, 1842 1010 

Ashbel Smith to Lord Aberdeen, August 15, 1842 1011 

Charles Elliot to G. W. Terrell, September 10, 1842 1012 

Joseph Waples to Charles Elliot, September 14, 1842 1014 

Ashbel Smith to Anson Jones, September 19, 1842 1015 

Ashbel Smith to Lord Aberdeen, September 14, 1842 1017 

Ashbel Smith to H. U. Addington, September 14, 1842 1018 



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20 CONTENTS. 

Correspondence with Great Britain — Continued. Page. 

Ashbel Smith to Texan Consuls, undated 1018 

Ashbel Smith to Anson Jones, September 19, 1842 1019 

Ashbel Smith to Lord Aberdeen, September 19, 1842 1020 

Charles Elliot to Anson Jones, September 26, 1842 1022 

Ashbel Smith to Anson Jones, October 3, 1842 1023 

Ashbel Smith to Anson Jones, October 3, 1842 1024 

James Hamilton to Anson Jones, October 5, 1842 1025 

Ashbel Smith to Anson Jones, October 17, 1842 1026 

Ashbel Smith to Anson Jones, October 19, 1842 1029 

Lord Aberdeen to Ashbel Smith, July 16, 1842 1033 

Lord Aberdeen to Ashbel Smith, September 21, 1842 1034 

Lord Aberdeen to Ashbel Smith, September 27, 1842 1035 

Ashbel Smith to Lord Aberdeen, October 10, 1842 1037 

Order for Release of Montezuma (extract), undated 1043 

Charles Elliot to G. W. Terrell, October 31, 1842. 1043 

James Hamilton to Anson Jones, November 25, 1842 1045 

James Hamilton to Anson Jones, November 25, 1842 1046 

James Hamilton to Lords of the Treasury, undated. 1048 

H. U. Addington to James Hamilton, August 19, 1842 1051 

James Hamilton to Senior Officer of British Navy, August 23, 1842 1052 

G. W. Terrell to Charles Elliot, Decembers, 1842 1055 

G. W. Terrell to Ashbel Smith, December 7, 1842 1056 

Charles Elliot to G. W. Terrell, December 13, 1842 1058 

Anson Jones to Sam Houston, December 24, 1842 1062 

Anson Jones to Charles Elliot, December 24, 1842 1063 

Ashbel Smith to Anson Jones, December 30, 1842 1064 

Lord Aberdeen to Ashbel Smith, November 8, 1842 1068 

Ashbel Smith to Lord Aberdeen, December 10, 1842 1072 

Ashbel Smith to Lord Aberdeen, December 12, 1842 1073 

. Ashbel Smith to Lachlin M. Rate, December 24, 1842 1077 

Charles Elliot to Anson Jones, January 17, 1843 1078 

Anson Jones to Ashbel Smith, January 18, 1843. ., 1079 

Anson Jones to Ashbel Smith, January 19, 1843 1080 

Anson Jones to Ashbel Smith, January 23, 1843 1084 

Charles Elliot to Anson Jones, February 7, 1843 1088 

Sam Houston to Charles Elliot, May 6, 1843 1089 

Anson Jones to Ashbel Smith, May 8, 1843 1090 

Charles Elliot to Anson Jones, June 10, 1843 1090 

Percy W. Doyle to Charles Elliot, May 27, 1843 (extract) 1091 

Anson Jones to Charles Elliot, June 15, 1843 1092 

Anson Jones to Ashbel Smith, June 15, 1843 1093 

Ashbel Smith to Wm. Henry Daingerfield, June 16, 1843 1094 

Ashbel Smith to Anson Jones, June 16, 1843 1094 

Charles Elliot to Anson Jones, June 18, 1843 1096 

Anson Jones to Charles Elliot, June 28, 1843 1097 

Ashbel Smith to Wm. Henry Daingerfield, June 28, 1843 1098 

Ashbel Smith to Anson Jones, July 2, 1843 1099 

Ashbel Smith to Isaac Van Zandt, January 25, 1843 1103 

Ashbel Smith to Isaac Van Zandt, January 25, 1843 (extract) 1107 

Ashbel Smith to Anson Jones, July 3, 1843 (extract) 1108 

Ashbel Smith to Wm. Henry Daingerfield, July 6, 1843 1109 

Ashbel Smith to Wm. Henry Daingerfield, July 11, 1843 1110 

Ashbel Smith to Wm. Henry Daingerfield, July 17, 1843 1111 



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CONTENTS. 21 

GorreBpondence with Great Britain — Continued. Page. 

Aahbel Smith to Anson Jones, July 21, 1843 1111 

Charles Elliot to Anson Jones, July 24, 1843 1112 

Bases of Armistice proposed by WoU, July 25, 1843 1113 

Anson Jones to Charles Elliot, July 30, 1843 1114 

Ashbel Smith to Anson Jones, July 31, 1843 1116 

Charles Elliot to Anson Jones, August 17, 1843 1120 

Anson Jones to Ashbel Smith, August 20, 1843 1121 

Ashbel Smith to Anson Jones, August 22, 1843 1122 

Baron de Cetto to Ashbel Smith, August 15, 1843 1122 

Ashbel Smith to Baron de Cetto, August 21, 1843 1123 

Charles Elliot to Anson Jones, August 28, 1843 1123 

Anson Jones to Charles Elliot, September 4, 1843 1124 

Anson Jones to Charles Elliot, September 4, 1843 1125 

Charles Elliot to Anson Jones, September 15, 1843 1127 

Anson Jones to Charles Elliot, September 16, 1843 1128 

Anson Jones to Charles Elliot, September 19, 1843 1129 

Ashbel Smith to Anson Jones, September 20, 1843 1137 

Ashbel Smith to Lord Aberdeen, August 10, 1843 1138 

Charles Elliot to Anson Jones, September 28, 1843 1139 

Anson Jones to Ashbel Smith, September 30, 1843 1140 

Charles Elliot to Anson Jones, October 28, 1843 1142 

Charles Elliot to Anson Jones, November 15, 1843 1143 

Ashbel Smith to Anson Jones, November 29, 1843 1144 

Edwaid Everett to Ashbel Smith, October 24, 1843 1144 

Ashbel Smith to Edward Everett, October 31, 1843 1145 

Charles Elliot to Anson Jones, January 4, 1844 1147 

Declaration concerning disposition of slaves captured on Texan vessels 

February 16, 1844 1147 

Anson Jones to Charles Elliot, February 16, 1844 1148 

Anson Jones to Charles Elliot, February 19, 1844 1149 

Charles Elliot to Anson Jones, March 22, 1844 1150 

Charles Elliot to Anson Jones, March 22, 1844 1151 

Ashbel Smith to Anson Jones, June 18, 1844 1152 

Ashbel Smith to Anson Jones, June 24, 1844 1153 

Anson Jones to Ashbel Smith, July 14, 1844 1156 

Ashbel Smith to Anson Jones, July 31, 1844 1158 

Holford & Co. to Ashbel Smith, undated 1159 

Holford & Co. to Ashbel Smith, July 21, 1842 1160 

Anson Jones to Ashbel Smith, August 1, 1844 1160 

Ashbel Smith to Anson Jones, September 27, 1844 1162 

Ashbel Smith to Anson Jones, October 4, 1844 1164 

William Kennedy to Anson Jones, October 21, 1844 1165 

Anson Jones to G. W. Terrell, October 29, 1844 1166 

Anson Jones to William Kennedy, October 30, 1844 1167 

William Kennedy to Anson Jones, November 8, 1844 1168 

John Hall to William Kennedy, November 13, 1844 1168 

Ebenezer Allen to William Kennedy, December 23, 1844 1169 

G. W. Terrell to Ashbel Smith, January 21, 1845 1170 

G. W. Terrell to Wm. Henry Daingerfield, January 21, 1845 1173 

G. W. Terrell to Ashbel Smith, January 27, 1845 1175 

G. W. Terrell to Ashbel Smith, February 13, 1845 1177 

Charles Elliot to Ashbel Smith, February 27, 1845 1181 

Receipt of Moore for Powder bought of Chas. Power, December 6, 1841 1182 



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22 CONTENTS. 

('orro8i)oudence with Great Britain — Continued. Page. 

Bill of M(K)re for Powder boufjht of (ha**. Power, December 6, 1841 1182 

G. W. Terrell to Wm. Henry Daingertield, March 22, 1845 1183 

G. W. Terrell to Ashbel Smith, May 3, 1845 1185 

G. W. Terrell to Lord Clarendon, May 5, 1845 1186 

G. W.Terrell to Ashbel Smith, May 9, 1845 1190 

LordClarendontoG. W.Terrell, May 10, 1845 1192 

Ebenezer Allen to Ashbel Smith, May 10, 1845 1193 

Ashbel Smith to Ebenezer Allen, May 17, 1845 1196 

Ashbel Smith to Secretary of State [Allen], June 3, 1845 1198 

Ebenezer Allen to Ashbel Smith, July 2, 1845 1199 

Ebenezer Allen to Charles Elliot, July 10, 1845 1201 

Charles Elliot to Ebenezer Allen, January 4, 1846 1203 

Lord Aberdeen to Charles Elliot, December 3, 1845 1203 

Ebenezer Allen to Charles Elliot, February 4, 1846 1204 

Correspondence with France — 

J. Pinckney Henderson to R. A. Irion, June 2, 1838 1206 

J. Pinckney Henderson to Count Mol^, April 28, 1838 1206 

J. Pinckney Henderson to Count Mol^, May 26, 1838 1306 

Count Mol6 to J. Pinckney Henderson, May 29, 1838 1207 

J. Pinckney Henderson to Count Mol6, June 1, 1838 1208 

R. A. Irion to J. Pinckney Henderson, August 7, 1838 1217 

R. A. Irion to J. Pinckney Henderson, September 7, 1838 1219 

J. Pinckney Henderson to R. A. Irion, October 5; 1838 1220 

J. Pinckney Henderson to Count Mol^, August 16, 1838 1220 

J. Pinckney Henderson to Count Mol6, September 26, 1838 1221 

Count Mol6 to J. Pinckney Henderson, September 30, 1838 1222 

J. Pinckney Henderson to Count Mol^, October 1, 1838 1224 

J. Pinckney Henderson to Secretary of State [Irion], October 28, 1838 1227 

J. Pinckney Henderson to R. A. Irion, October 28, 1838 (extract) 1230 

J. Pinckney Henderson to Mirabeau B. Lamar, October 28, 1838 1230 

J. Pickney Henderson to Secretary of State [Irion], November 12, 1838 1233 

Count Mol6 to J. Pinckney Henderson, November 2, 1838 1234 

J. Pinckney Henderson to Count Mol6, November 7, 1838 1234 

J. Pinckney Henderson to Count Mol6, November 12, 1838 1236 

J. Pinckney Henderson to Secretary of State [Irion], November 23, 1838. 1238 
J. Pinckney Henderson to Secretary of State [Bee], January 26, 1839 

(extract) 1239 

J. Pinckney Henderson to Mirabeau B. Lamar, February 26, 1839 1240 

J. Pinckney Henderson to Barnard E. Bee, February 27, 1839 1241 

J. Pinckney Henderson to Barnard E. Bee, March 10, 1839 1243 

Abb6 Anduz6 to Mirabeau B. Lamar, April 18, 1839 1244 

James Webb to Abb6 Anduz6, April 25, 1839 1245 

James Webb to Admiral Baudin, April 25, 1839 1246 

J. Pinckney Henderson to James Webb, April 28, 1839 (extract) 1247 

J. Pinckney Henderson to James Webb, April 28, 1839 1249 

J. Pinckney Henderson to James Webb, May 14, 1839 1250 

J. Pinckney Henderson to Secretary of State [Burnet], June 13, 1839 1252 

Hamilton and Burnley to Mirabeau B. Lamar, June 22, 1839 1254 

James Hamilton to David G. Burnet, June 22, 1839 1255 

J. Pinckney Henderson to Secretary of State, July 26, 1839 1256 

J. Pinckney Henderson to Secretary of State, July 26, 1839 1264 

J. Pinckney Henderson to Secretary of State [Burnet], August 5, 1839 1265 

Lewis Cass to J. Pinckney Henderson, August 3, 1839 1265 



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COKTENTS. 28 

Correspondence with Prance — (/outinuod. Page. 

David G. Burnet to James Hamilton, August 10, 1839 1268 

J. Pinckney Henderson to David G. Burnet, August 20, 1839 1268 

J. Pinckney Henderson to Secretary of State [Burnet], October 16, 1839. . 1271 

Abner S. Lipscomb to James Hamilton, February 24, 1840 (extract) 1276 

A. de Saligny to Abner S. Lipscomb, March 6, 1840 1277 

James Hamilton to Mirabeau B. Lamar, March 24, 1840 1278 

A. T. Burnley to Mirabeau B. Lamar, January 30, 1841 1280 

James Hamilton to Abner S. Lipscomb, February 1, 1841 1282 

James Hamilton to M. Guizot, January 21, 1841 1285 

James Hamilton to Abner S. Lipscomb, February 7, 1841 1287 

James Hamilton to Henry Castro, February 11, 1841 1288 

A. de Saligny to Secretary of State [Mayfield], February 19, 1841 1289 

James S. Mayfield to A. de Saligny, February 20, 1841 1290 

A. de Saligny to James S. Mayfield, February 21, 1841 1292 

James S. Mayfield to A. de Saligny, February 22, 1841 1294 

Henry J. Jewett to James S. Mayfield, February 22, 1841 1295 

A. de Saligny to James S. Mayfield, February 23, 1841 1296 

James S. Mayfield to A. de Saligny, February 23, 1841 1297 

A. de Saligny to James S. Mayfield, February 24, 1841 1298 

James S. Mayfield to A. de Saligny, February 25, 1841 1300 

A. de Saligny to James S. Mayfield, February 28, 1841 1301 

James Hamilton to Abner S. Lipscomb, March 3, 1841 1302 

James S. Mayfield to A. de Saligny, March 15, 1841 1302 

A . de Saligny to James S. Mayfield , March 21 , 1841 1303 

Saligny*s account with Bullock, March 21, 1841 1305 

A. de Saligny to James S. Mayfield, March 25, 1841 1306 

James S. Mayfield to A. de Saligny, March 29, 1841 1308 

A. de Saligny to James S. Mayfield, March 31, 1841 1316 

James S. Mayfield to Thos. Gales Forster, April 3, 1841 1317 

James S. Mayfield to Wm. Henry Daingerfield, April 3, 1841 1317 

James S. Mayfield to A. de Saligny, April 5, 1841 1318 

James S. Mayfield to Geo. S. Mcintosh, April 8, 1841 1321 

James S. Mayfield to Henry J. Jewett, April 25, 1841 1322 

James S. Mayfield to Geo. S. Mcintosh, May 12, 1841 1323 

Wm. Sevey to James S. Mayfield, March 29, 1841 1329 

James H. Starr to Wm. Sevey, August 4, 1840 1329 

Afladavit of James Latham, July 31, 1840 1329 

Receipt of James Latham, August 1, 1840 1330 

Thos. Gales Forster to James S. Mayfield, April 4, 1841 1330 

Henry J. Jewett to James S. Mayfield, February 24, 1841 1331 

Information given by Henry J. Jewett to A. Hutchinson, February 22, 

1841 1332 

James S. Mayfield to Henry J. Jewett, February 20, 1841 1332 

Warrant for arrest of Bullock, February 22, 1841 1333 

Examination of witnesses in case of Bullock, February 23, 1841 1334 

A. Hutchinson to James S. Mayfield, February 23, 1841 1335 

James Hamilton to Mirabeau B. Laniar, May 17, 1841 1336 

Nathaniel Amory to James Hamilton, May 15, 1841 1338 

Nathaniel Amory to Geo. S. Mcintosh, May 30, 1841 1339 

Nathaniel Amory to James Hamilton, May 30, 1841 1339 

James Hamilton to James S. Mayfield, July 16, 1841 1340 

James Hamilton to M. Guizot, July 12, 1841 1341 

James Hamilton to James S. Mayfield, July 22, 1841 1343 



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24 CONTENTS. 

Correspondence with France — Continued. Page. 

James Hamilton to M. Guizot, July 21, 1841 1343 

Geo. S. Mcintosh to Secretary of State [Roberts], September 8, 1841 1344 

Geo. S. Mcintosh to M. Guizot, July 4, 1841 1344 

Geo. S. Mcintosh to M. Guizot, August 12, 1841 1348 

M. Guizot to Geo. S. Mcintosh, August 18, 1841 1349 

Geo. S. Mcintosh to M. Guizot, September 3, 1841 1350 

Samuel A. Roberts to Geo. S. Mcintosh, September 26, 1841 1352 

Geo. S. Mcintosh to James S. Mayfield, November 15, 1841 1353 

A. de Saligny to Anson Jones, January 16, 1842 1353 

Anson Jones to George S. Mcintosh, January 20, 1842 1354 

Anson Jones to Ashbel Smith, February 5, 1842 1356 

Anson Jones to A. de Saligny, March 2, 1842 1357 

Ashbel Smith to Anson Jones, March 15, 1842 1358 

Ashbel Smith to Anson Jones, March 16, 1842 1359 

Document from French consul at Vera Cruz respecting property of M. 

Faure, captured by Texan squadron *. 1361 

A. de Saligny to Anson Jones, April 29, 1842 1362 

Alleye de Cyprey to A. de Saligny, December 30, 1840 1363 

J. Bte. Sisosto A. Gloux, December 16, 1840 1363 

A. Gloux to Alleye de Cyprey, December 19, 1840 1364 

Invoice of goods shipped on Santa Maria, November 29, 1840 1365 

Declaration of Wyse as to goods shipped on Santa Maria, October 28, 1840. 1365 

Invoice of goods shipped on Santa Maria, October 28, 1840 1366 

Wm. Henry Daingerfield to Secretary of State [Jones], May 17, 1842 1366 

A. de Saligny to Sam Houston, June 6, 1842 1368 

Memorandum relative to Saligny 's investments in Texan bonds 1368 

Receipt of Charles Demorse for money on deposit received from Saligny, 

November 27, 1840 1369 

Statement by Saligny respecting ownership of money deposited with 

Charles Demorse, November 28, 1840 1370 

A. de Saligny to Anson Jones, June 7, 1842 1370 

Sam Houston to A. de Saligny, June 8, 1842 1370 

Anson Jones to A. de Saligny, June 8, 1842 1371 

A. de Saligny to Anson Jones, June 20, 1842 1372 

Ashbel Smith to Geo. S. Mcintosh, May 12, 1842 1374 

Ashbel Smith to Theodore Barbey, May 13, 1842 1374 

Geo. S. Mcintosh to Ashbel Smith, May 18, 1842 1375 

Henry Castro to Ashbel Smith, May 23, 1842 1375 

Ashbel Smith to Geo. S. Mcintosh, June 1, 1842 1376 

Henry Castro to Ashbel Smith, June 4, 1842 (extract) 1377 

Henry Castro to Ashbel Smith, June 12, 1842 1377 

Henry Castro to Ashbel Smith, June 15, 1842 1377 

Theodore Barbey to Ashbel Smith, June 28, 1842 1379 

Henry Castro to Ashbel Smith, June 28, 1842 1380 

Geo. S. Mcintosh to Ashbel Smith, June 29, 1842 1380 

Ashbel Smith to Theodore Barbey, June 30, 1842 1381 

Sam Houston to Ashbel Smith, July 15, 1842 1381 

Ashbel Smith to Anson Jones, August 1, 1842 1382 

Ashbel Smith to Anson Jones, August 15, 1842 1383 

Ashbel Smith to Anson Jones, August 31, 1842 1385 

Ashbel Smith to M. Guizot, August 15, 1842 1387 

Ashbel Smith to Anson Jones, October 21, 1842 1389 

Ashbel Smith to Anson Jones, October 31, 1842 1390 



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CONTENTS. 25 

Correspondence with France — Continued. Page. 

Aflbbel Smith to Anaon Jones, November 2, 1842 1392 

Ashbel Smith to Anson Jones, November 11, 1842 1393 

Ashbel Smith to Anson Jones, November 12, 1842 1394 

Ashbel Smith to Anson Jones, November 13, 1842 1395 

M. Guizot to Ashbel Smith, August 22, 1842 1397 

Ashbel Smith to M. Guisot, November 4, 1842 1397 

M. Guizot to Ashbel Smith, November 8, 1842 1398 

Ashbel Smith to M. Guizot, November 10, 1842 1399 

Ashbel Smith to Anson Jones, November 30, 1842 1399 

G. W. Terrell to Ashbel Smith, December 10, 1842 1403 

Anson Jones to Ashbel.Smith, December 23, 1842 1405 

Anson Jones to Ashbel Smith, December 26, 1842 1407 

Anson Jones to Al. Bourgeois, December 26, 1842 1410 

Ashbel Smith to Anson Jones, December 30, 1842 1410 

Ashbel Smith to Anson Jones, January 11, 1843 1412 

Viscount J. de Cramayel to Anson Jones, January 16, 1843 1413 

Ashbel Smith to Anson Jones, January 28, 1843 1415 

Viscount J. de Cramayel to Anson Jones, January 28, 1843 1417 

Anson Jones to Viscount J. de Cramayel, February 9, 1843 1418 

Anson Jones to Viscount J. de Cramayel, February 22, 1843 1421 

Secretary of State [Jones] to Ashbel Smith, February 26, 1843 1422 

Viscount J. de Cramayel to Anson Jones, March — , 1843 1424 

Ashbel Smith to Anson Jones, March 31, 1843 1427 

Ashbel Smith to Anson Jones, April 11, 1843 1431 

Ashbel Smith to M. Guizot, February 19, 1843 1433 

M. Guizot to Ashbel Smith, February 28, 1843 1434 

Ashbel Smith to M. Guizot, March 6, 1843 1434 

Ashbel Smith to M. Guizot, March 30, 1843 1435 

M. Guizot to Ashbel Smith, April 8, 1843 1436 

Ashbel Smith to M. Guizot, April [4], 1843 1437 

Ashbel Smith to Anson Jones, April 15, 1843 1438 

Ashbel Smith to Anson Jones, April 27, 1843 1441 

M. Guizot to Ashbel Smithy undated i 1442 

Ashbel Smith to M. Guizot, April 25, 1843 1443 

Henry Castro to Ashbel Smith, March 5, 1843 1444 

Ashbel Smith to Henry Castro, March 23, 1843 1444 

Sam Houston to Viscount J. de Cramayel, May 6, 1843 1445 

Anson Jones to Viscount J. de Cramayel, May 17, 1843 14l5 

Viscount J. de Cramayel to Anson Jones, June 10, 1843 1447 

Wm. Henry Daingerfield to Ashbel Smith, June 12, 1843 1448 

Anson Jones to Viscoimt J. de Cramayel, June 15, 1843 1448 

Ashbel Smith to Anson Jones, June 16, 1843 1449 

M. Guizot to Ashbel Smith, April 28, 1843 1450 

M. Guizot to Ashbel Smith, May 8, 1843 1451 

Wm. Henry Daingerfield to Ashbel Smith, June 17, 1843 1451 

Anson Jones to Ashbel Smith, June 21, 1843 1452 

James Hamilton to Anson Jones, June 27, 1843 1453 

A. Somervell to M. C. Hamilton, June 27, 1843 1455 

Wm. Henry Daingerfield to Anson Jones, June 28, 1843 1456 

Viscount J. de Cramayel to Anson Jones, July 20, 1843 1458 

Wm. Henry Daingerfield to Secretary of State Jones, July 31, 1843 1458 

Ashbel Smith to Anson Jones, August 15, 1843 1460 

Ashbel Smith to M. Guizot, August 23, 1843 1461 



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S6 CONTENTS. 

Correspondence with France — Continued. l>agA. 

Asbbel Smith to Anson Jones, September 19, 1843 1462 

Viscount J. de Cramayel to Anson Jones, September 30, 1843 1464 

Sam Houston to Anson Jones, October 6, 1843 .: 1467 

Ashbel Smith to Anson Jones, October 14, 1843 1467 

Al. Bourgeois to Ashbel Smith, October 8, 1843 1468 

Charles de Castell to Al. Bourgeois, September 26, 1843 1469 

Ashbel Smith to Al. Bourgeois, October 3, 1843 1470 

Anson Jones to Viscount J. de Cramayel, October 20, 1843 1471 

Ashbel Smith to Anson Jones, October 30, 1843 1472 

Wm. Henry Daingerfield to Ashbel Smith, November 8, 1843 1474 

Ashbel Smith to Anson Jones, December 30, 1843 1476 

Ashbel Smith to Anson Jones, January 29, 1844 1478 

Ashbel Smith to Anson Jones, February 26, 1844 1479 

•Anson Jones to Ashbel Smith, March 26, 1844 1482 

Ashbel Smith to Anson Jones, May 6, 1844 1483 

Ashbel Smith to Anson Jones, June 2, 1844 1485 

Ashbel Smith to Anson Jones, August 13, 1844 1488 

Ashbel Smith to Anson Jones, October 16, 1844 1489 

Ashbel Smith to Anson Jones, November 13, 1844 1490 

M. Guizot to Anson Jones, December 4, 1844 1492 

A. de Saligny to Ashbel Smith, March 4, 1845 1492 

Ashbel Smith to A. de Saligny, March 13, 1845 1493 

G. W. Terrell to Ashbel Smith, March 18, 1845 1494 

Terrell's address to the King of France, undated 1496 

Reply of the King of France to Terrell's address, undated 1497 

G . W. TerreU to M. Guizot, March 15, 1845 1498 

Ashbel Smith to A. de Saligny, March 21, 1845 1503 

A. de Saligny to Ebenezer Allen, January 14, 1846 1504 

Ebenezer Allen to A. de Saligny, February 10, 1846 1505 

Correspondence with Spain — 

Ashbel Smith to Washington Irving, September 7, 1842 1507 

Ashbel Smith to Anson Jones, September 8, 1842 1508 

Ashbel Smith to General Sancho, September 7, 1842 1512 

Anson Jones to Ashbel Smith, February 16, 1843 1514 

Ashbel Smith to Martinez de La Rosa, February, 1844 1516 

Correspondence with Prussia — 

Wm. Henry Daingerfield to Lachlin M. Rate, January 26, 1845 1519 

Wm. Hienry Daingerfield to Baron Roenne, January 27, 1845 1520 

Wm. Henry Daingerfield to G. W. Terrell, February 5, 1845 1521 

Correspondence with Belgium — 

James Hamilton to Abner S. Lipscomb, September 10, 1840 1524 

James Hamilton to Abner S. Lipscomb, January 4, 1841 1525 

James Hamilton to Secretary of State [Roberts], November 3, 1841 1527 

Anson Jones to Victor Pirson, March 4, 1842 1528 

Wm. Henry Daingerfield to Anson Jones, May 16, 1843 1529 

Wm. Henry Daingerfield to Count d' Alviella, December 14, 1843 1530 

Correspondence with the Netherlands — 

James Hamilton to Abner S. Lipscomb, July 3, 1840 1531 

Abner S. Lipscomb to James Hamilton, September 15, 1840 1532 

James Hamilton to Abner S. Lipscomb, October 3, 1840 1532 

Anson Jones to Wm. Henry Daingerfield, March 26, 1842 1533 

Anson Jones to James Hamilton, June 4, 1842 1534 

Anson Jones to Wm. Henry Daingerfield, January 20, 1843 1534 



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Correspondence with the NetherhindB — Continued. Paga 

Wm. Henry Daingerfield to Anson Jones, November 12, 1843 1537 

Henry Castro to Anson Jones, October 25, 1843 1540 

Anson Jones to Wm. Henry Daingerfield, July 14, 1844 1542 

Wm. Henry Daingerfield to Lachlin M. Rate, December 12, 1844 1543 

Correspondence with the Hanse Towns — 

Wm. Henry Daingerfield to Anson Jones, February 3, 1843 1545 

Anson Jones to Wm. Henry Daingerfield, February 20, 1843 1546 

Memorandum of Daingerfield, September 9, 1843 1547 

Wm. Henry Daingerfield to Anson Jones, September 25, 1843 1548 

Wm. Henry Daingerfield to V. Rumpff, January 5, 1844 1553 

Wm. Henry Daingerfield to Ashbel Smith, February 14, 1844 1554 

Wm. Henry Daingerfield to V. Rumpff, March 17, 1844 1555 

Wm. Henry Daingerfield to V. Rumpff, March 27, 1844 1556 

Wm. Henry Daingerfield to Anson Jones, April 20, 1844 1557 

AI. BourgeoistoSecretary of State [Jones], April 20, 1844 1561 

Convention of Friendship, Commerce, and Navigation between the Repub- 
lic of Texas and the Hanseatic Republics of Lubeck, Bremen, and Ham- 
burg, April 17, 1844 1563 

Wm. Henry Daingerfield to Anson Jones, April 22, 1844 1569 

Wm. Henry Daingerfield to Anson Jones, July 28, 1844 1570 

Wm. Henry Daingerfield to Senator Gildmeister, December 21, 1844 1573 

R. Sieveking to Wm. Henry Daingerfield, January 13, 1845 1574 

Wm. Henry Daingerfield to G. W. Terrell, January 14, 1845 1574 

Ashbel Smith to Wm. Henry Daingerfield, February 13, 1845 1576 

Wm. Henry Daingerfield to Ebenezer Allen, July 1, 1845 1577 

Wm. Henry Daingerfield to Ashbel Smith, July 1, 1845 1579 

Wm. Henry Daingerfield to R. Sieveking, October 1, 1845 1582 

Wm. Henry Daingerfield to Ebenezer Allen, February 2, 1846 1582 

Correspondence with the Papal States 1583 

Addenda and Corrigenda 1586 

Index, Parts I and II 1591 



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rN-TEODUOTIOK 

In editing Part II of the Diplomatic Correspondence of the Republic 
of Texas, the same difficulties which appeared in deaUng with Part 
I have manifested themselves with much greater intensity, and 
to them have been added some new ones. The effort to restore 
the original grouping has been especially difficult. In the files, 
inclosures have generally been found separate from the letters with 
which they were transmitted and placed in order of dates-; and, in 
the records, though they frequently indicate the arrangement of the 
communications and other matter as sent or received, there is some- 
times such confusion that they become utterly useless for the pur- 
pose. Besides this, some of the letters received, both those sent 
independently and those inclosed with others, have been taken out 
of the "diplomatic" correspondence and filed with other series in 
the archives, such as *' colonization," "financial affairs," "army 
papers," etc.; and the task of discovering them and returning them 
to their places in the correspondence has not been easy. It is hoped, 
however, that, while a httle doubt remains in some cases, the endeavor 
to restore the original arrangement has been fairly successful. 

The principal aim, both in the arrangement of the letters and in 
the annotations, has been to throw as much light as possible on the 
internal relations of the Correspondence. In this way, it is believed, 
will the publication of it be given the highest degree of value for 
the investigator. The external relations, which can be so much 
more easily worked out by readers unable to reach the Texan archives 
but with fair library facilities available, have received much less 
attention. 

Part n has been a little more liberally edited than Part I. Errors 
in the original documents that are evidently the result of pure 
inadvertence have been corrected, with notes where they have 
seemed important enough to call for it, but frequently without. 
The supposition of inadvertence in the case of errors in the use of 
French and Spanish accents has been made wherever there seemed to 
be room for it. But errors in this respect or any other that appear 
to be habitual or due to want of information have, as a general 
rule, been reproduced, or corrected only with annotations. More 
freedom has been used in editing copies that there is reason to sus- 
pect as corrupt than originals and copies that appear to be trust- 
worthy. 



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30 INTRODUCTION. 

The classification of the correspondence has been by subject 
matter rather than by the diplomatic office or location of the writer. 
Letters dealing with Spanish relations, for example, are placed 
in the correspondence with Spain, even though written by or to the 
Texan charge to Great Britain and France. 

The system of reference for inclosures, leading from the title 
to the letter with which the inclosure came, and thence sometimes 
to the calendar or another division of the correspondence, may 
now and then try the patience of the reader; but it has been adopted 
as that which will throw the clearest light on the history and the 
relations of each letter. 

Before reaching final conclusions in the study of Part I, the reader 
should compare the corrections and further annotations and the list 
of addenda for Part I given in Part II. 

The diplomatic relations of Texas with the European powers 
began in 1837, with the sending of J. Pinckney Henderson on a mis- 
sion to Great Britain and France. He had letters of credence both 
as agent and as minister plenipotentiary to Great Britain, and pre- 
sumably also to France.** He reached London in October. The 
efforts to establish relations with Spain, Belgium, the Netherlands, 
the Hanse Towns, and Prussia were made partly by the ministers in 
Great Britain and France, and partly by special chargfe. May 20, 
1839, James Hamilton was sent to act as joint agent of Texas with 
Henderson, both in England and France, and on April 18, 1840, he 
was appointed Texan diplomatic commissioner to the Netherlands, 
and at the same time received a second commission empowering him 
to treat with both the Netherlands and Belgium. January 20, 1843, 
William H. Daingerfield was commissioned as charg6 d'affaires to 
the Netherlands, Belgium, and the Hanse Towns. While on his mis- 
sion he visited Vienna and Berlin also, and, in fact, undertook some 
correspondence to ascertain through official sources the attitude 
of Prussia towards Texas. In 1842, Ashbel Smith, then chargfi 
d'affaires to Great Britain and France, tried to open the way for 
formal negotiations with Spain by a correspondence with General 
Sancho, Spanish minister to Great Britain, and Washington Irving, 
United States minister to Spain, but nothing came of it; nor did 
Smith nor George W. Terrell, who was commissioned as Texan 
minister to Spain in 1846, visit Madrid at all. 

Strenuous efforts were made by the Texan government during 
Lamar's administration to estabUsh amicable relations with Mexico. 
On February 20, 1839, Barnard E. Bee was commissioned both as 
agent and as minister plenipotentiary of Texas to Mexico. He went 
toVeraCmz in May; but the Mexican government refused to receive 

a No copies of his letters of credence to France have been found, but they doubtless had the same fbnn 
as those to Great Britain. 



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INTRODUCTION. 31 

him, and he got no further. On August 9, of the same year, James 
Treat was appointed private and confidential agent of Texas to 
Mexico. He reached Mexico in December, 183^, and remained until 
November, 1840. On March 20, 1841, James Webb received com- 
missions similar to those which had been given to Bee. He went 
to Vera Cruz in May, but was not allowed to proceed to Mexico. 

On July 20, 1841, President Lamar wrote the governor of Yucat&n, 
which was then in a state of insurrection against the central govern- 
ment of Mexico, inviting him to send an agent to Texas with a view 
to the establishment of relations of amity and commerce between the 
two countries. The result was a sort of miUtary convention by 
which the fleet of Texas was subsidized to operate against Mexico on 
behalf of both Texas and Yucat4n, but no treaty was concluded. 

First after the United States to accord recognition to the RepubUc 
of Texas was France. This was done by a treaty of amity, commerce, 
and navigation concluded September 26, 1839, and ratified February 
14, 1840. A similar treaty between Great Britain and Texas was 
signed November 13, 1840; a convention for British mediation 
between Mexico and Texas, on November 14; and a treaty for the sup- 
pression of the African slave trade, on November 16. For reasons 
which need not be detailed here, the ratifications of these three 
treaties were not exchanged till June 28, 1842. A commercial treaty 
with the Netherlands was signed September 18, 1840, and ratified 
June 15, 1841. A convention of amity, commerce, and navigation 
with the Ilanse Towns was concluded April 17, 1844, and was later 
ratified by the Senate of Bremen; but, doubtless b^ause of the near 
prospect of annexation, it seems never to have been acted on by the 
Senate of Texas. No treaty was concluded with Spain or Belgium. 
In April, 1838, before Texas was formally recognized, an agreement 
was effected with the British Government whereby Texan vessels 
were admitted to the ports of Great Britain as those of Mexico; and a 
resolution adopted by the senate of Bremen on August 9, 1843, pro- 
vided for the admission of Texan vessels to the ports of Bremen on 
the same terms as to port charges and duties as the ships of Bremen 
on condition of a reciprocal arrangement by Texas. 

Of course, until the ratification of the various treaties mentioned, 
the negotiations with the countries with which they were made was 
on a more or less informal basis. Aft^ those with Great Britain 
and France were ratified, charges were sent to Texas by both these 
nations; but no other had a diplomatic representative to that repub- 
Uc at any time.** The only charg6 sent by Great Britain was Charles 
EUiot, whose letter of credence was dated June 28, 1842, and who 

« There is good reason to believe that Mr. 7. T. Crawford, who visited Texas in April, 1837, came as a secret 
agent of Qieat Britain to report on its civil and political condition. Count de Saligny undertook a similar 
mission for France early in 1839, and Capt. Victor Pirson came openly as the agent of Belgium in 1842. 
None of these, however, appears to have had any dlplomatlo authority. 



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32 nwpRODUonoN. 

reached Texas in August, and remained till the eve of annexation. 
The first charge of France was Count A. de Saligny,** who was accred- 
ited October 2, 1839, and reached Texas m February, 1840. He 
left Texas in March, 1841, but returned for a brief period in 1842. 
Towards the end of that year, he was succeeded by "Viscount J. de 
Cramayel. Some two years later, Cramayel left Texas and Saligny 
returned. This time he continued in the capacity of charg6 until the 
mission was ended by annexation. 

The letters printed in Part II have been taken mainly from the 
file of originals received and copies kept of letters sent from Texas, 
and from the transcripts in the books of the Department of State. 
Book 55, from which some of them were obtained, is evidently the 
original kept by Daingerfield for his missions to the Netherlands, 
Belgium, and the Hanse Towns. It is, however, the only book from 
any of the Eiuropean legations that has been found in the Texan 
archives. That it was brought to Texas and delivered to the Secre- 
tary of State is shown by the letter of Daingerfield to Allen, February 
2, 1846; and its contents place its identity beyond question. 

Just as this part was ready, as the editor thought, to send to press, 
a considerable mass of the correspondence was found in books which 
had not been suspected of containing it. The reasons why it had 
escaped discovery are that the mass of matter in the books is so great 
and the indexes so imperfect. The indexes are, in fact — ^where they 
exist at all — often worse than useless, in that they are misleading. 
Many of the letters in the newly discovered group belong to the 
period of Correspondence with the United States covered by Part I. 
They make it possible, in some cases and to a certain extent, to fdi- 
low both sides of the correspondence where the letters already pub- 
lished had given but one. While the editor does not feel absolutely 
certain that some letters may not still Kave evaded his search, 
he hopes that little of importance preserved in the Texan archives 
and properly to be included in the correspondence now remains 
impublished. 

The editor is under special obligations to State Librarian E. W. 
Winkler, who several years ago gave the Correspondence here printed 
its first approach toward rational and useful arrangement, and con- 
sequent availability for the student. Mr. Winkler's minute knowl- 
edge of the Texan archives and of southwestern history in general 
have made his freely rendered assistance of the highest value. Grate- 
ful acknowledgment is made also to instructors Walton H. Hamilton 
and J. L. Worley, of the University of Texas, for help in verifying 
and arranging the copies; to Profs. Lilia M. Casls and E. J. Villavaso, 
also of this university, for verifying, respectively, the Spanish and 

o Thus written by himself. The name is usually given in official documents fmanating trom the Freocli 
Government as "Dubois de Saligny." 



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INTRODUCTION. 33 

French letters; and to Mr. C. T. Neu, fellow in history in the same 
institution for 1908-09, and now teacher of history in the high school 
at Greenville, Tex., for help in various details, and especially in the 
preparation of the Calendars. 

George P. Garrison, 

Unwersity of Texas. 



Note. 



Washington, D. C, December 24, 1910. 

The Commission suffered a severe loss in the death of Professor 
George P. Garrison during the progress of this work. Professor 
Garrison died in July, 1910, before reading a single page of the proof 
of this second part of the "Diplomatic Correspondence of Texas." 
The labor of proof-reading, therefore, fell upon others, who did not 
possess the special knowledge, experience, and full equipment enjoyed 
by him. This has occasioned some delay, and may have resulted in 
some inaccuracy. 

Professor Garrison had for years been preparing the material for 
these volumes, and, fortunately, left it in very good shape for pub- 
lication. So far as the collation of the text is concerned, he gave 
assurances of completeness and accuracy. The list of material 
already published was prepared by him, and he left, to be used with 
the documents as they were published, notes explaining and illus- 
trating the subject. These have been inserted in the places desig- 
nated by him. The volume practically stands as his labor. 

The proof-reading has been done by Miss Catharine Bowes, Miss 
Georgia Sanderlin, and Miss Bertha M. Emerson. The Commission 
acknowledges the courteous assistance of Professor Eugene C. Barker^ 
of the University of Texas. 

39728'— VOL 2, pt 1—11 3 



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TEXAN DIPLOMATIC CORRESPONDENCE WITH THE UNITED STATES, 1843 
TO 1846 (WITH ADDITIONAL LETTERS, 1835-1842), WITH MEXICO AND 
YUCATAN, AND WITH GREAT BRITAIN AND THE EUROPEAN STATES. 



CALENDAR OF CORRESPONDENCE HITHERTO 

ADDENDA TO CORRESPONDENCE WITH THE UNITB|> STATES, 1835 TO 1846.« 

Burnley to Jones; Gc\iii^\l, 18$3 i| extract).: . F&U)ire*ta secure loan in the United 
States. Jones, Meoldrahda'and Official Correspondence, 143. 

Williams to Jones, March 11, 1839 (extract). Negotiations for a loan in the United 
States. Jones, Memoranda and Official Correspondence, 145-146. 

Reily to Jones, November 10, 1844 (extract) . Fears that annexation will be delayed 
several years. Jones, Memoranda and Official Correspondence, 396-397. 

DonelBon to Allen, December 10, 1844. Measures adopted by United States to 
guard interests of Texas in case of renewal of war by Mexico because of annexation. 
Senate Journal, 9th Tex. Cong., 191-195. 

Allen to DonelBon, December 13, 1844. Attitude of Texas toward delay of annexa- 
tion and opposition of United States to Mexican method of prosectlting war against 
Texas. Senate Journal, 9th Tex. Cong., 195-197. 

Kaufman to Jones, September 30, 1845 (extract). Discusses his position as Texan 
chaig6 to the United States. Jones, Memoranda and Official Correspondence, 495- 
496. 

Kaufman to Jones, November 3, 1845 (extract). Announces his return to Texas. 
Jones, Memoranda and Official Correspondence, 503-504. 

CORRESPONDENCE WPTH MEXICO. 

Santa Anna to Filisola, April 22, 1836 [No. 1]. Announces his defeat and capture, 
and gives orders for the withdrawal of Filisola and Gaona to Bexar, and of Urrea to 
Guadalupe Victoria. Telegraph and Texas Register (Houston), August 23 and Sep- 
tember 6, 1836; Niles' R^ter, L, 337. 

Santa Anna to Filisola, April 22, 1836 [No. 2]. Directs that no damage be done prop- 
erty of citizens of Texas. Telegraph and Texas Register, September 6, 1836. 

Santa Anna to Filisola, April 22, 1836 [No. 3]. Orders that prisoners taken at 
C6pano be sent to San FeHpe. Tel^raph and Texas Register, September 6, 1836. 

Filisola to Santa Anna, April 28, 1836. Cessation of hostilities in obedience to Santa 
Anna's orders concerning the armistice. Property will be respected. Deplores past 
plundering. Niles' Register, L, 337. 

Santa Anna to Filisola, May 14, 1836 (extract). Orders that the treaty of May 14, 
1836, between Burnet and himself be complied with. Niles' Register, L, 413; Tele- 
graph and Texas R^:i8ter, August 23, 1836. 

Filisola to Santa Anna, May 25, 1836. Promises obedience to terms of agreement 
between Santa Anna and Houston. Telegraph and Texas Roister, August 23, 1836. 

Santa Anna to Burnet, June 9, 1836. Protests against violation of Treaty of May 14, 
1836, with respect to his own treatment, to that of Woll, and to the failure to exchange 

a See the calendar of correspondenoe with the United States, 1835-1845, hitherto printed, in Part I, 
paflet 25-40. 

35 



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36 AMEBIOAN HISTOBICAIi ASSOCIATION. 

priflonen. Niles' Register, LI, 191; Telegraph and Texas Register, October 4, 1836, 
and March 23, 1842; Austin City Gazette, March 30, 1842. 

Burnet to Santa Anna, June 10, 1836. Answers protest of Santa Anna in his letter of 
June 9, 1836. Niles' Register, LI, 191; Telegraph tod Texas Register, October 4, 
1836. 

Jackson to Santa Anna, September 4, 1836. United States believes that nations 
have the right to change their governments as the people may dictate, and refuses to 
interpose in affairs of Mexico and Texas over the protest of Mexico. Niles' Register, 
LI, 336. 

Lamar to Citizens of Santa F^, Aptsl U, }8^. Announces entry of Texas among 
the ^unily of nations as a free Republic, mvitSi p^ple df Santa F6 to share blessings of 
liberty, and promises to send Commissioners to cement union between Texas and 
Santa F6. ; House JoumsJ, Sth Tex. O^yog., Appendix. X48^150| Journal of Consulta- 
tion, Addrebs of Lamar to Ciii*wis of Santa* ?^. 12-r4..* ;.•*'. 

Lipscomb to Hamilton and Burnley, July 7, 1840. * Discusses relations between 
Mexico and Texas and between Mexico and Yucatan. House Journal, 5th Tex. Cong. , 
Appendix, 281-284. 

Santa Anna to Houston, November 5, 1836. Uiges importance of Santa Anna going 
in person to Washington to secure the mediation of the United States in settlement of 
boundary question between Mexico and Texas. Niles' Register, LXII, 115; The 
Red-Lander (San Augustine, Texas), April 14, 1842 (extract). 

Wright to Lamar, March 18, 1841 (extract). Makes chaige against Houston for 
acceptance of a bribe for the release of Santa Anna. The Red-Lander, September 29, 
1842. 

Arista to Lamar, April 21, 1841. States that the expedition which is to set out from 
the Rio Grande is for the purpose of punishing the Indians, and not intended to attack 
the Texans. Quarterly of the Texas State Historical Association, VII, 173-174. 

Lamar to Inhabitants of Santa F^, and other portions of Mexico East of the Rio 
Grande River, June 5, 1841. Calls attention to his letter of April 14, 1840, repeats 
invitation then given, explains advantages of a union between Texas and Santa F6 
region, and announces appointment of commissioners to e£fect this union. Journal of 
Consultation, Address of Lamar to Citizens of Santa F6, 3-12. 

Bee to Santa Anna, December 27, 1841. Does not believe that Texas can be con- 
quered by Mexico, as the people of the Mississippi will give Texas aid, and hopes that 
Santa Anna will treat well the prisoners taken in the Santa F6 expedition. Mexico in 
1842, p. 215; Niles' Register, LXII, 49; Telegraph and Texas Register, March 23, 
1842. 

Hamilton to Santa Anna, January 13, 1842. Hamilton is commissioned by Texas to 
treat with Mexico for the recognition of Texan independence. Proposes peace on 
condition of an indemnity of $5,000,000 to be paid by Texas to Mexico. Mexico in 
1842, p. 220; Niles' Register, LXII, 50; Telegraph and Texas R^ter, March 23, 
1842; Austin City Gazette, March 30, 1842. 

Santa Anna to Bee, February 6, 1842. Thanks Bee for past favors. Mexico must 
keep Texas. A freak of fortune alone has given Texas a victory. The prisoners taken 
will be treated according to generally recognized principles. Mexico in 1842, p. 216; 
Nilee' Register, LXII, 50; Tel^raph and Texas Register, March 23, 1842. 

Santa Anna to Hamilton, February 18, 1842. Hamilton, as a citizen of the United 
States, has no right to treat in behalf of Texas. Mexico has won many victories in the 
past over Texas, and has suffered a single defeat. Five million dollars too small an 
indemnity. Texan brutalities. Expresses personal gratitude to Houston. To 
acknowledge Texan independence would be to sacrifice Mexico's noble stand on 
slavery. Mexico in 1842, p. 221; Niles' Register, LXII, 50; Telegraph and Texas 
Register, March 23, 1842; Austin City Gazette, March 30, 1842. 



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CAIiBNDAB OF PBINTED OOBBESPOKDBKOE. S7 

Hamilton to Santa Anna, March 21, 1842. Santa Anna abhors people to whom he 
owes his life. Mexico's violation of her agreement with colonists was one cause of the 
revolution. Mexico's only victory was the Alamo. Defies Santa Anna. Mexico in 
1842, p. 227; Tdegraph and Texas R^ter, April 13, 1842. 

Houston to Santa Anna, March 21, 1842 (extract). Defends the Texan conduct of 
the revolution, particularly the treatment of Santa Anna. Justifies the Santa 
F6 expedition. States future attitude of Texas toward Mexico. Niles' Register, 
LXII, 98. 

S<»nervell to Jones, March 25, 1842. Somervell has taken chaige of troops, and 
reports dissatis^tion among them. Jones, Memoranda and Official Correspondence, 
172-173. 

Daingerfield to Jones, April 1, 1842. Texan blockade of Mexican ports. Jones, 
Memoranda and Official Correspondence, 201. 

Daingerfield to Jones, April 15, 1842. Daingerfield 's efforts to co-operate with H. 
Washington in preparation for a descent upon Mexican coast. Jones, Memoranda and 
Official Correspondence, 201-203. 

Houston to Somervell, October 3, 1842. Orders concentration of such troops as are 
willing to invade Mexico upon the southwestern boundary, and invasion of Mexico in 
case prospects for success ofiter. House Journal, 7th Tex. Cong., Appendix, 3-4. 

Hamilton to Somervell, October 13, 1842. Orders Somervell to proceed to south- 
western frontier, to organize troops, to move with secrecy, and to invade Mexico if 
success seem probable. House Journal, 7th Tex. Cong., Appendix, 5-6. 

Somervell to Hamilton, November 7, 1842. Reports progress in oiganization of 
troops. House Journal, 7th Tex. Cong., Appendix, 10-11. 

Hamilton to Somervell, November 9, 1842. Gives method of securing supplies for 
troops. House Journal, 7th Tex. Cong., Appendix, 6. 

Somervell to Houston, November 14, 1842. Reports progress in oiganizing troops 
and gives information as to location of Mexican troops on border and disposition of 
Texan prisoners. House Journal, 7th Tex. Cong., Appendix, 11-12. 

Hamilton to Somervell, November 19, 1842. Regrots poor oiganization and disci- 
pline of the troops, repeats orders to enlist none but those willing to invade Mexico, and 
urges energetic action. House Journal, 7th Tex. Cong., Appendix, 7-9. 

Hamilton to Somervell, November 21, 1842. Urges prompt but cautious advance in 
order to avoid surprise, and directs disposition of supplies in case troops are disbanded. 
House Journal, 7th Tex. Cong., Appendix, 9-10. 

Somervell to Hill, February 1, 1843. Gives detailed account of his invasion of 
Mexico. House Journal, 9th Tex. Cong., Appendix, 70-75; Telegraph and Texas 
Register, February 22, 1843. 

Hill to Hockley and Williams, September 26, 1843. Instructions for arrangement 
of armistice with Mexico through the mediation of Great Britain. The Red-Lander, 
June 1, 1844. 

0ORRS8PONDBN0B WITH YUCATIn. 

Mooro to Cooke, August 28, 1840. Reports his movements from July 2^August 28, 
1840. House Journal, 5th Tex. Cong., Appendix, 232-237. 

Peraza to Roberts, September 16, 1841. Santa Anna is preparing to invade Yucat&n 
by land and by sea. Asks that Texas send two or three of her vessels to aid in repelling 
the Mexican squadron. Offers pecuniary inducements. Moore, To the People of 
Texas, 15-17. 

Roberts to Peraza, September 17, 1841. Texas will aid Yucatdn. Accepts Peraza's 
proposals with some modifications. Moore, To the People of Texas, 17-19. 

Peraza to Roberts, September 17, 1841. The proposals as modified by Roberts are 
accepted. Adds one article and asks that it be accepted. Moore, To the People of 
Texas, 19-20. 



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88 AMEBICAN HISTOBICAL A8S0GIATI0K. 

Archer to Moore, September 18, 1841. Moore is to keep three veseels in reftdineas 
for Bea. The Govemment of YucatAn will fumiah him with $8,000 each month. Secret 
orders indeed. Moore, To the People of Texas, 12-13. 

Archer to Moore, September 18, 1841 . Secret orders. He is to sail for Sisal, capture 
the enemy's vessels if possible, and co-operate with the forces of Yucatin generally. 
Moore, To the People of Texas, 13-15. 

Roberts to P^aza, September 18, 1841. A number of Texan vessels have been 
ordered to proceed to Sisal. Moore, To the People of Texas, 20-21. 

Moore to Lemus, January 8, 1842. Is at Sisal with one ship and two schooners ready 
to carry out the treaty on the part of Texas. Moore, To the People of Texas, 25. 

Lemus to Moore, January 8, 1842. The governor will receive him on Monday. 
Moore, To the People of Texas, 25. 

Moore to Rej6n, January 10, 1842. Is surprised that Yucat&n has entered into a 
treaty with the Central Govemment of Mexico . Moore. To the People of Texas, 26-27 . 

Rej6n to Moore, January 12, 1842. The treaty with Mexico should surprise no one. 
Yucat&n has not renounced her right to be incorporated in the Mexican Union. Moore, 
To the People of Texas, 27-29. 

Gray to the Mexican and Yucatin commissionerB, January 12, 1842. Fearing for 
the safety of Commodore Moore he will detain them as hostages. Moore, To the People 
of Texas, 31. 

Gray to Moore, January 12, 1842. Has deemed it advisable to detain the commis- 
sioners of Mexico and Yucat&n as hostages. Moore, To the People of Texas, 30. 

Rej6n to Moore, January 12, 1842. The commander of the Texan vessel Atistm took 
the Mexican and Yucatan commissioners prisoners. Demands that they be set at 
liberty. Moore, To the People of Texas, 32. 

Moore to Rej6n, January 14, 1842. Has never doubted the right of Yucatin to dis- 
pose of her political and natural rights as she may deem proper. Leaves for Sisal 
to-day. Moore, To the People of Texas, 29-30. 

Moore to Rej6n, January 15, 1842. Regrets that the Mexican and Yucatan commis- 
sioners were detained; has ordered that they be set at liberty. Moore, To the People 
of Texas, 32-33. 

Rej6n to Moore, January 18, 1842. Incloses a copy of a decree of the Congress of 
Yucat&n, October 25, 1841, relative to Peraza's instructions; copy of agreement made 
by Yucat&n with Texas, September 18, 1841; and copy of convention with Mexico, 
December 28, 1841, for the reimion of Mexico and Yucatdn. Moore, To the People of 
Texas, 33-34. 

Moore to Rej6n, January 31, 1842. Has received his letter of January 18, 1842; 
Yucat&n should have a flag so that her vessels would not be molested by the Texan 
warships. Moore, To the People of Texas, 35. 

Moore to Lemus, February 25, 1842. Requests that $8,000 be placed in his hands as 
per the agreement. Has been cruising near Vera Cruz. Moore, To the People of 
Texas, 37. 

Lemus to Moore, February 26, 1842. An order has been issued for the payment of 
the $8,000. Moore, To the People of Texas, 38. 

Moore to Cdrdenas, March 7, 1842. The rumor that Texas will make war on Yucat^ 
vessels is unfoimded. Moore, To the People of Texas, 38-39. 

Moore to Celerayan, March 7, 1842. The rumor that Texas will make war on 
Yucatdn vessels is unfounded. Moore, To the People of Texas, 39-40. 

Cirdenas to Moore, March 7, 1842. The rumor that Texas would make war on 
Yucatdn vessels was not credited by the Govemment of Yucatan. Moore, To the Peo- 
ple of Texas, 40-41. 

Celerayan to Moore, March 7, 1842. No credit has been given to the rumor that 
Moore's acts were to be hostile to YucatAn. Moore, To the People of Texas, 41. 



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CALENDAR OP PRINTED CORRESPONDENCE. 39 

Moore to Lemue, March 8, 1842. Arrived at Campeche on March 6. The rumors 
that his acts were to be hostile to Yucatdn were spread to in j ure his reputation . Moore, 
To the People of Texas, 41-42. 

Lemus to Moore, March 18, 1842. The governor is gratified at the contents of 
Moore's letter of March 8. The rumor was never credited. Moore, To the People of 
Texas, 43. 

Moore to Lemus, March 28, 1842. Will cruise a few days before Vera Cruz ; received 
$6,000 from the collector at Carmen. Moore, To the People of Texas, 52-53. 

Lemus to Moore, March 29, 1842. Serves notice that the Government of Yucatdn 
is willing for Moore to withdraw with the squadron under his command. Moore, 
To the People of Texas, 53-54. 

Moore to Lemus, April 19, 1842. Regrets the determination of the Government of 
Yucatdn as expressed in the matter of the withdrawal of the squadron. Moore, To 
the People of Texas, 54-55. 

Lemus to Moore, April 22, 1842. The accounts have been adjusted with Mr. Seeger. 
Moore, To the People of Texas, 55. 

Moore to Lemus, April 24, 1842. Sails for Campeche in an hour. Moore, To the 
People of Texas, 56. 

Moore to, Cdrdenas, April 25 [?], 1842. Will give the necessary orders for the safety 
of the vessels mentioned in his letter of April [26]?. Moore, To the People of Texas, 58. 

Moore to Lemus, April 26, 1842. Regrets that the monthly payments will be sus- 
pended. Texas has proven her friendship to Yucatdn. Moore, To the People of 
Texas, 59. 

Cardenas to Moore, April 26, 1842* The flag of Mexico is still the flag of Yucatdn. 
Names several schooners that fly this flag and hopes they will not be molested . Moore, 
To the People of Texas, 56-58. 

Moore to Lemus, May 26, 1842. Captain Seeger will visit M^rida to settle for the 
money still due Texas. Moore, To the People of Texas, 76. 

De Lleigo to Moore, June 8, 1842. Incloses a copy of the official conmiunication 
addressed to Mr. Seeger. Moore, To the People of Texas, 76-77. 

Moore to C&rdenas, January 16, 1843. Incloses a letter for the governor. Moore, 
To the People of Texas, 121. 

Moore to the governor of Yucatdn, January 17, 1843. Asks for $8,000 so that he 
can refit and attack the conmion enemy. Moore, To the People of Texas, 119-121. 

Barbachano to Moore, January 31, 1843. Mr. Peraza is fully authorized on the 
subject of Moore's letter of January 16. The pecuniary aid will be given as soon as 
Peraza arrives in New Orleans. Moore, To the People of Texas, 122. 

Mendez to Moore, February 3, 1843. Peraza has already sailed with the $8,000. 
Moore, To the People of Texas, 122-124. 

Cdrdenas to Moore, February 5, 1843. Has complied with Moore's request of Janu- 
ary 16, and placed the letter in the hands of the governor. Moore, To the People of 
Texas, 124. 

Moore to Mendez, February 23, 1843. Received his commimication of January 27, 
1843. Had concluded an agreement with Peraza a few days before. Moore, To the 
People of Texas, 12&-129. 

Moore to Barbachano, February 24, 1843. Has concluded an agreement with 
Peraza. Moore, To the People of Texas, 129. 

Houston to Moigan and Bryan, March 23, 1843. Authorizes Morgan and Bryan to 
secure possession of national vessels, equipments, etc., to call upon the United States 
in case of resistance, and to deprive E. W. Moore of the command which he has held 
contrary to orders since October 29, 1842. The Morning Star, June 13, 1843. 

Moore to Barbachano, April 28, 1843. Informs him of his arrival at Sisal. Moore, 
To the People of Texas, 148. 



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40 AMEBICAN HISTORICAL ASSOCIATION. 

Barbachano to Moore, May 1, 1843. Glad Moore has arrived. The Yucatdn Gov- 
ernment has ordered a renewal of hostilities with Mexico. Moore, To the People of 
Texas, 148. 

Moore to Barbachano, May 15, 1843. Thinks he should have been consulted in 
the making of the treaty of capitulation, since it stipulates that he is not to attack 
transport vessels. Moore, To the People of Texas, 157-158. 

Barbachano to Moore, May 20, 1843. Moore's objection to the treaty is well founded 
but it was entered into to free Yucatin of the capitulating forces. Moore, To the 
People of Texas, 158-159. 

Moore to Meddez, May 22, 1843. Asks for the services of a vessel. Moore, To the 
People of Texas, 163. 

Mendez to Moore, May 22, 1843. The schooner Independencia will be placed under 
his orders. Moore, To the People of Texas, 167. 

Moore to Mendez, May 26, 1843. Would like to use the Independencia for another 
cruise. Moore, To the People of Texas, 163-164. 

Mendez to Moore, May 26, 1843. Has no objection to his using the Independencia. 
Moore, To the People of Texas, 164. 

Moore to Barbachano, Jime 1, 1843. Requests him to remit the balance of the 
18,000 that was due on May 30. Moore, To the People of Texas, 166. 

Barbachano to Moore, June 24, 1843. The Government of Yucatin will pay the 
rest of the $8,000, but thereafter can pay no more. Moore, To the People of Texas, 
167-168. 

Moore to Barbachano, June 27, 1843. Has drawn on him for $300. Moore, To the 
People of Texas, 176. 

Moore to Barbachano, June 28, 1843. Leaves for Sisal to get the $2,000 that is still 
due him. Should Yucatdn be again involved in war it will be a pleasure to come to 
her aid again. Moore, To the People of Texas, 177. 

Moore to Barbachano, June 30, 1843. In consequence of President Houston's proc- 
lamation, is anxious to get back to Texas. Asks for an order for $2,000. Moore, To 
the People of Texas, 177. 

Barbachano to Moore, July 6, 1843. Moore's brother has received $1,700 which 
with the $300 previously received clears the debt. Moore, To the People of Texas, 178. 

CORRESPONDENCE WITH GREAT BRITAIN. 

Irion to Henderson, August 3, 1837 (extract). Captain Thompson of the Invincible 
transcended his orders in capturing the Eliza Russell, Henderson is to make a candid 
statement to the English Government and express the regrets of the Texan Govern- 
ment. Report House Committee on Foreign Relations, 4tli Tex. Cong., 6-6 A 

Certificate of Carpizo, August 11, 1837 . The affair of the Little Penn and the capture 
of the Eliza RusseU, Report House Committee on Foreign Relations, 4th Tex. Cong., 
16-17; copy inclosed with Henderson to Irion, November 5, 1837. 

Henderson to Palmerston, October [26], 1837. Apologizes for the seizure and deten- 
tion of the Eliza RusseU. Report House Committee on. Foreign Relations, 4th Tex. 
Cong., 13; copy inclosed with Henderson to Irion, November 5, 1837. 

Palmerston to Henderson, October 31, 1837. Has received Henderson's of the 26th. 
Report House Conmiittee on Foreign Relations, 4th Tex. Cong., 14; copy inclosed 
with Henderson to Irion, November 5, 1837. 

Henderson to Irion, November 5, 1837 (extract). Incloses copies of correspondence 
with Palmerston concerning the Eliza Russell claims. Report House Committee on 
Foreign Relations, 4th Tex. Cong., 13-14. 

a This report contains, besides the letters caloidared, considerable matter not belonging to the Diplo- 
matic Correspondence, but nevertheless pertinent to the British clahns. Only one copy of it, so far as I 
have been able to learn, is in existence, and that belongs to Mr. Richard Borgess of £1 Paso, Tex., who has 
kindly Irat it to the editor to use in preparing this yolome. 



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CALENDAE OF PRINTED CORRESPONDENCE. 41 

Protest of Joeeph Ruasell and others, December 2, 1837 (extract). The capture and * 
detention of the Eliza Russell. Statement of the claim and description of various 
docimients submitted to sustain it. Report House Committee on Foreign Relations, 
4th Tex. Cong., 20-23; copy inclosed with Tolme to Palmerston, December 20, 1837. 

Tolme a to Palmerston, December 20, 1837. Transmits extracts from the protest 
of Joseph Russell relative to the capture of the Eliza Russell. Report House Com- 
mittee on Foreign Relations, 4th Tex. Cong., 20-23. 

Lizardi & Co. to Palmerston, January 5, 1838. Gives an account of the seizure of 
goods carried by the Little Penn. Report House Committee on Foreign Relations, 4th 
Tex. Cong., 15-16; copy inclosed with Palmerston to Henderson, January 24, 1838. 

Palmerston to Henderson, January 24, 1838 (extract). Transmits copy of a letter 
from Lizardi & Co. with statement of property seized on the Little Penn. British 
Government can not doubt, since Henderson's letter of October 26, that the Texan 
authorities will order immediate restitution. Report House Committee on Foreign 
Relations, 4th Tex. Cong., 14; copy inclosed with Henderson to Irion, January 30, 
1838. 

Henderson to Palmerston, January 25, 1838. Has received Palmerston's of January 
24; but, being without instructions on the subject, can only transmit them to his 
Govenmient. Report House Committee on Foreign Relations, 4th Tex. Cong., 18; 
copy inclosed with Henderson to Irion, January 30, 1838. 

Henderson to Irion, January 30, 1838. Incloses correspondence with Palmerston 
as to damages in the case of the Little Penn. Does not regard the claim as just, but 
suggests necessity for prompt attention to it. Report House Committee on Foreign 
Relations, 4th Tex. Cong., 14-18. 

Palmerston to Henderson, February 19, 1838. Transmits documents relative to the 
case of the Eliza Russell. Report House Committee on Foreign Relations, 4th Tex. 
Cong., 19; copy inclosed with Henderson to Irioja, March 8, 1838. 

Henderson to Palmerston, February 20, 1838. Acknowledges receipt of Palmer- 
ston's of the 19th with accompanying documents; will transmit them to his Govern- 
ment for advice. Report House Committee on Foreign Relations, 4th Tex. Cong., 23; 
copy inclosed with Henderson to Irion, March 8, 1838. 

Henderson to Irion, March 8, 1838. Transmits Palmerston to Henderson of February 
19, 1838, with inclosmres. Seizure of the Eliza Russell legal. Admissions obtained 
from Palmerston. Report House Committee on Foreign Relations, 4th Tex. Cong., 
19-26. 

Irion to Henderson, May 20, 1838 (extract). The Texan Government has never 
authorized nor sanctioned violations of neutrality by its officers. The evidence of 
illegal seizure in the case of the Little Penn is not satisfactory. The appointment 
of an English agent in Texas would greatly facilitate the adjustment of private claims. 
Report House Committee on Foreign Relations, 4th Tex. Cong., 6-7. 

Irion to Henderson, June 6, 1838 (extract). Congress has made no appropriation to 
pay the Eliza Russell claim. Texan Government not disposed to reject just claims, 
but it will be difficult to adjust them without a resident English agent. Report 
House Committee on Foreign Relations, 4th Tex. Cong., 7. 

Palmerston to Henderson, August 24, 1838. Refers to correspondence concerning 
the Little Penn and Eliza Russell claims and asks what has been done to fulfill the 
promises made. Report House Committee on Foreign Relations, 4th Tex. Cong., 27; 
copy inclosed with Henderson to Irion, September 5, 1838. 

Statement of Captain Russell's claim, September [1], 1838. Report House Com- 
mittee on Foreign Relations, 4th Tex. Cong., 44; copy inclosed with Swain, Stevens 
A Co. to Arrangoiz, Droosten <fc Co.,& December 12, 1838. 

• Imx»x)peiiy given as "Tolene" In the printed copy. ^ Printed as "Arranquiz, Drooster, & Co." 



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42 AMEBICAN HISTORICAL ASSOCIATION. 

Hend^^on to Palmerston, September 3, 1838. Acknowledges receipt of Palmer- 
ston's communication of August 24. Defends the condemnation of the Abispa and 
denies that the Brutus took any goods from the Little Penn. The President recom- 
mended to Congress an appropriation to pay the Eliza Russell claims, and it failed 
only because the owner failed to appear personally, or by his authorized agent, to fix 
the simi justly due. Report House Committee on Foreign Relations, 4th Tex. Cong., 
28-30; copy inclosed with Henderson to Irion, September 5, 1838. 

Henderson to Inon, September 5, 1838. Recites correspondence with Irion relative 
to the Little Penn claims and sends copies of correspondence with Palmerston on that 
subject. Complains of the unsatisfactory nature of the evidence furnished him by the 
Texan Government. Less difficulty in dealing with the case of the Elua Russell. 
Report House Committee on Foreign Relations, 4th Tex. Cong., 26-31. 

Henderson to Irion, October 28, 1838 (extract). Prays to be furnished immediately 
with more definite information concerning the British claims. Report House Com- 
mittee on Foreign Relations, 4th Tex. Cong., 32. 

Backhouse to [Swain, Stevens & Co.], November 1, 1838. Summarizes the histcury 
of the Eliza Russell claim. Report House Committee on Foreign Relations, 4th Tex. 
Cong., 42; copy inclosed with Swain, Stevens & Co. to Arrangoiz, Droosten & Co., 
December 12, 1838. 

Adam to [Nash], November 20, 1838. Has seen Mr. Backhouse relative to the Elua 
Russell claims and will communicate whatever he may say. Report House Committee 
on Foreign Relations, 4th Tex. Cong., 42; copy inclosed with Swain, Stevens A Co. 
to Arrangoiz, Droosten & Co., December 12, 1838. 

Adam to [Nash], November 21, 1838. Mr. Backhouse states that the case of the 
Eliza Russell is still before the Queen's advocate. Report House Committee on 
Foreign Relations, 4th Tex. Cong., 43; copy inclosed with Swain, Stevens A Co. 
to Arrangoiz, Droosten A Co., December 12, 1838. 

Adam to Nash, November 25, 1838. Has conmiunicated the letter received yes- 
terday to Mr. Backhouse, who replied that he hoped soon to be able to give informar- 
tion in regard to the Eliza Russell. Report House Committee on Foreign Relations, 
4th Tex. Cong., 43; copy inclosed with Swain, Stevens A Co. to Arrangoiz, Droosten A 
Co., December 12, 1838. 

Irion to Henderson, November 28, 1838 (extract). Henderson's course as to the 
British claims for indemnity approved. He is authorized to settle the Eliza Russell 
claims for any amount up to the £865 demanded. The Texan Government is con- 
vinced the Mexicans got most of the goods from the Little Penn. The Government 
is not disposed to evade any just claims for indemnity. Report House Committee 
on Foreign Relations, 4th Tex. Cong., 8-10. 

Backhouse to Swain, Stevens A Co., December [1], 1838. In reply to theirs of 
November 28, sends a letter from Palmerston to Shields, British consul at Laguna, 
directing him to assist Captain Russell in the case against him at that place. Report 
House Committee on Foreign Relations, 4th Tex. Cong., 43; copy inclosed with 
Swain, Stevens A Co. to Arrangoiz, Droosten A Co., December 12, 1838. 

Swain, Stevens <fe Co. to Arrangoiz, Droosten A Co., December 12, 1838. Asks 
Arrangoiz, Droosten A Co. to write to agents of the Eliza Russell claims at New 
Orleans directing them to urge the settlement of the claims. Report House Com- 
mittee on Foreign Relations, 4th Tex. Cong., 41-44; copy inclosed with Vogelgsang A 
Co. to Webb, April 16, 1839. 

Henderson to Secretary of State [Bee], January 26, 1839 (extract). Calls attention 
again to the British Claims. Report Hoiise Committee on Foreign Relations, 4th 
Tex. Cong., 33. 

Henderson to Bee, March 10, 1839 (extract). Hopes to be able to settle the claims 
with the British Government soon. Report House Committee on Foreign Relations, 
4th Tex. Cong., 32. 



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CALBNDAB OF PBIKTED CORRESPONDENCE. 43 

Irion to Henderson, March 20, 1839 (extract). A claim for indemnity in the case 
of the Elisa Russell has been made on the Texan Government. Its justice has been 
acknowledged by the president, who has promised to recommend payment. Report 
House Committee on Foreign Relations, 4th Tex. Cong., 6. 

YogelgBango & Co. to Webb, April 16, 1839. Have had no answer to requests 
made for the settlement of the Eliza Russell claims through Thomas Toby and others. 
Inclose correepondence concerning the claims. Report House Committee on Foreign 
Relations, 4th Tex. Cong., 40-44. 

Crawford to Webb, April 17, 1839. Asks on behalf of G. Vogelgsang & Co., agents 
for the owner of the Eliza RusseU, attention to his claims. Report House Committee 
on Foreign Relations, 4th Tex. Cong., 40-44. 

Jones to Hughes, April 24, 1839. Appreciates his interest in Texas; thinks he can 
do much in England and France to secure the recognition of Texas. Incloses a 
memorandum of Texas. Jones, Memoranda and OflEicial Correspondence, 148-151. 

Hughes to Jones, June 10, 1839 (extract). Incloses a letter from Hughes to Pal- 
merston on behalf of Texas. Texas will soon be accorded recognition. Jones, Mem- 
oranda and OflEicial Correspondence, 151. 

Hughes to Palmerston, June 10, 1839. Incloses Jones's Memorandum on Texas. 
Jones, Memoranda and Oflicial Correspondence, 151-152; copy inclosed in Hughes to 
Jones, June 10, 1839. 

Palmerston to Hughes, June 10, 1839. Thanks him>for his letter on Texas; the sub- 
ject is important but diflScult. Jones, Memoranda and OflEicial Correspondence, 152; 
copy inclosed with Hughes to Jones, June 10, 1839. 

Hughes to Jones, Jime 10, 1839, midnight. Incloses Palmerston's letter of June 10, 
1839. Believes Texas will soon be recognized by England. Jones, Memoranda and 
Ofl&cial Correspondence, 152-153. 

Burnet to Crawford, Jime 14, 1839. Acknowledges receipt of Crawford's letter of 
April 17 concerning the Eliza Russell claims. Excuses the former admissions of the 
Texan Grovemment and argues against the justice of the claims. Congress will meet 
in November, and the subject will be presented to it again. Report House Committee 
on Foreign Relations, 4th Tex. Cong., 11-12. 

Burnet to Henderson, June 16, 1839 (extract). Sends copy of a letter addressed by 
Burnet to the British consul at New Orleans relative to the Eliza Ru^eU claims, which 
have risen to double the amoimt originally demanded. Report House Committee 
on Foreign Relations, 4th Tex. Cong., 10-12. 

Palmerston to Henderson, October 23, 1839. States the amount of the Eliza Rv^seU 
and Little Penn claims and refers to the promise by the Texan authorities to settle the 
first. The British Government would be justified in sending a ship of war to Texas 
to enforce payment of the claims, but wishes to try one more application through 
Henderson. Report House Committee on Foreign Relations, 4th Tex. Cong., 33-34; 
copy transmitted with Mcintosh to Secretary of State, November 12, 1839. 

Palmerston to Henderson, October 23, 1839. Asks relief for certain British subjects, 
claiming lands in Texas. Report House Conmdttee on Foreign Relations, 4th Tex. 
Cong., 35; Tel^raph and Texas R^ter, October 18, 1843; The Morning Star (Hous- 
ton), October 14, 1843; copy transmitted with Mcintosh to Secretary of State, Novem- 
ber 12, 1839. 

Henderson to Palmerston, October 30, 1839. Acknowledges receipt of both Palmer- 
ston's communications of the 23rd. Discusses the Eliza Russell claim and the land 
daims of certain British subjects. Report House Committee on Foreign Relations, 
4th Tex. Cong., 36-38; Journal and Advertiser (San Augustine, Tex.), June 11, 1840; 
Tel^raph and Texas Register, October 18, 1843 (extract); The Morning Star, October 
14, 1843 (extract); copy transmitted with Mcintosh to Secretary of State, November 
12, 1839. 

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44 AMEEICAK HISTOBIOAL ASSOCIATION. 

Mcintosh to Secretary of State [Burnet], November 12, 1839. Henderson has left 
the business of the legation in Mcintosh's hands. Incloses correspondence with 
British Government concerning claims against Texas. Existing Government too 
fearful of ofifending O'Oonnell and the Abolitionists to extend recognition to Texas. 
Report House Gonmiittee on Foreign Relations, 4th Tex. Cong., 33-39. 

McGregor to President of Texas, December 26, 1839. Commander Ramsey has 
been ordered to support Commander Hamilton in his mission to Texas to recover 
certain ''British negroes'' supposed to be held in slavery in Texas. House Journal, 
5th Tex. Cong., Appendix, 19. 

McGregor to President of Texas, December 26, 1839. Asks aid for Commander 
Hamilton, of the British navy, in identifying and recovering certain negroes, sub- 
jects of Great Britain, allied to be held in slavery in Texas. House Journal, 5th 
Tex., Cong., Appendix, 19-20. 

Burnet to Hamilton, January 29, 184Q. Professes ignorance of any negroes, British 
subjects, held in slavery in Texas, but promises assistance if such can be identified. 
House Journal, 5th Tex. Cong., Appendix, 22-23. 

Lipscomb to Hamilton, February 14, 1840. Incloses Proclamation concerning 
negroes, British subjects all^^ed to be held in slavery in Texas. House Journal, 5th 
Tex. Cong., Appendix, 23-24. 

Hamilton to Lipscomb, February 25, 1840 (extract). Asks for commission to treat 
with Belgium for recognition, and hopes for aid from France in securing a loan 
in Europe. House Journal, 5th Tex. Cong., Appendix, 284-285. 

Hamilton to Lipscomb, February 27, 1840. Demands delivery of negro ''John"» 
a British subject alleged to be held in slavery in Texas, and incloses statement as to 
present ownership of said negro. House Journal, 5th Tex. Cong., Appendix, 20-21. 

Lipscomb to Hamilton, March 31, 1840. Declares that question as to ownership 
of a certain n^;ro, if found to be a slave, must take usual course of law, but if proved to 
be a British subject will be delivered to proper authorities. House Journal, 5th Tex. 
Cong., Appendix, 24-25. 

Hamilton to Lipscomb, April 21, 1840. Acknowledges receipt of letter from Lips- 
comb, March 31, 1840. House Journal, 5th Tex. Cong., Appendix, 21-22. 

Hamilton to Lipscomb, April 21, 1840. Reports success in mission of identifying 
and recovering negroes, subjects of Great Britain, alleged to be held in slavery in 
Texas. House Journal, 5th Tex. Cong., Appendix, 22. 

Hamilton to Lipscomb, June 3, 1840. Reports prospects for loan bright; reports 
chartering of vessels by Mexico in Great Britain for attack on Texas. House Jour- 
nal, 5th Tex. Cong., Appendix, 285-286. 

Lipscomb to Hamilton, June 6, 1840. Revokes instructions for purchase of arms, 
munitions, etc . , in Great Britain and France . House Journal, 5th Tex . Cong . , Appen- 
dix, 280-281. 

Palmerston to Hamilton, October 18, 1840. <> England is ready to enter into a com- 
mercial treaty with Texas and to recognize her on condition that Texas shall assist 
in suppressing the African slave trade. Incloses draft of a convention. Telegraph 
and Texas Register, January 12, 1842; copy inclosed with Hamilton to Lipscomb, 
January 4, 1841. 

Hamilton to Palmerston, October 20, 1840. Acknowledges receipt of Palmerston's 
letter of October 18, 1840, and the draft of a convention. With some slight changes, 
he is ready to sign it. Telegraph and Texas Register, January 12, 1842; copy inclosed 
with Hamilton to Lipscomb, January 4, 1841. 

Palmerston to Hamilton, November 5, 1840. The signing of the treaty will have to 
be postponed a week. Colorado Gazette and Advertiser (Matagorda), January 23, 
1841; House Journal, 5th Tex. Cong., Appendix, 382-383. 

a A few llnei at the beginning of the letter were omitted In printing It. 



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CAI/ENDAB OF PBIKTED GOBBESPONDENCE. 45 

Hamilton to Lamar, November 6, 1840. The preliminary articles of a treaty of 
recognition, amity, and commerce have been agreed upon. Incloses a copy of Pal- 
merston's note of November 6, 1840. Colorado Gazette and Advertiser, January 23, 
1841; House Journal, 5th Tex. Cong., Appendix, 381-382. 

Hamilton to Jones, November 6, 1840 (extract). Has procured the recognition 
of Texas by England. Jones, Memoranda and Official Correspondence, 156. 

Smith to Jones, June 8, 1842. The ratifications of the treaty have not yet been 
exchanged. The sympathies of England are for Mexico and against Texas. Jones, 
Memoranda and Official Correspondence, 182-184. 

Teulon to Jones, June 25, 1842. Is still in London and without money. Has not 
faith in the ministry; it favors Mexico. Jones, Memoranda and Official Correspond- 
ence, 189-190. 

Smith to Jones, July 10, 1842 (extract). Texan bonds in England. Incloses note 
from G. Shaw to Thos. Wilson A Co. Telegraph and Texas Register, February 22, 
1843. 

Elliot to Jones, September 30, 1842. Uigee the claims of certain British subjects 
to lands in Texas. Telegraph and Texas Register, April 3, 1844. The Morning Star, 
April 2, 1844. 

Jones to Elliot, December 24, 1842 (extract). The claims of the British subjects 
for lands in Texas' will be presented to Congress. Telegraph and Texas Register, 
April 3, 1844; the Morning Star, April 2, 1844. 

Jones to Smith, January 31, 1843. Smith is to make representations to the govern- 
ments of France and Great Britain relative to the predatory warfare carried on by 
Mexico. Tel^;raph and Texas Register, June 21, 1843. 

Elliot to Jones, February 4, 1843. Presents the claims of Beales and others to lands 
in Texas. The Morning Star, April 2, 1844; Telegraph and Texas Register, April 3, 
1844. 

Jonee to Elliot, February 16, 1843 . Has received his communications of January 17, 
1843, and February 4, 1843. Desires a personal interview with Elliot. The Morning 
Star, April 9, 1844; Telegraph and Texas Register, April 10, 1844. 

Jones to Smith, June 10, 1843. The relations of Texas with Mexico. The Red- 
Lander, April 20, 1844; Telegraph and Texas Register, November 13, 1844 (extract). 
Duplicate sent to Van Zandt. 

Elliot to Jones, July 7, 1843. Is without authority to appoint a consul at Corpus 
Christi. Jones, Memoranda and Official Correspondence, 226-227. 

Smith to Aberdeen, August 1, 1843. The persons working in London for the aboli- 
tion of slavery in Texas are not recognized by the Texas government. Niles' Reg- 
ister, LXVI, 97; copy in Smith to Jones, September 20, 1843. 

Smith to Jones, August 2, 1843. The abolition of slavery is the avowed purpose of 
the English Government. Jones, Memoranda and Official Correspondence, 236-237. 
Elliot to Jones, August 17, 1843. The claims for the Eliza RtMell should be adjusted. 
Jones, Memoranda and Official Correspondence, 246-247. 

Elliot to Jones, August 17, 1843 (extract). Hopes the President will make a repre- 
sentation to Congress relative to the land claims of certain British subjects. The 
Morning Star, April 9, 1844; Telegraph and Texas Register, April 10, 1844. 

Elliot to Jones, August 17, 1843. Urges settlement of Eliza Russell claims. Jones, 
Memoranda and Official Correspondence, 24^247. 

Elliot to Jones, August 28, 1843. Believes General Houston will accede to the 
proposition of Santa Anna relative to the exchange of prisoners. Jones, Memoranda 
and Official Correspondence, 248. 

Kennedy to Jones, September 4, 1843. Thanks him for his communication of 
August 20; 1843. Jones^ Memoranda and Official Correspondence, 249 » 



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46 AMERICAN HISTOBICAIi ASSOCIATION. 

Jones to Elliot, September 11, 1843. Glad that he has been able to settle the claim 
for the Eliza Rtissellj Relations with Mexico. Jones, Memoranda and Official 
Correspondence, 250-253. 

Aberdeen to Smith, September 11, 1843. Acknowledges Smith's note of August 1. 
Her Majesty's Government has no intention of interfering in the internal affairs of 
Texas, but wishes to see slavery abolished throu^out the world and is not surprised 
that private individuals should do their best to attain an object so desirable. Niles' 
Roister, LXVI, 97; copy in Smith to Jones, September 20, 1843. 

Elliot to Jones, September 14, 1843. Thanks him for his prompt attention to the 
case of the Eliza Russell. Jones, Memoranda and Official Correspondence, 256. 

Green to Elliot, November 6, 1843. Requests copies of certain letters. Green^ 
Texan Expedition against Mier, 456; Tel^[raph and Texas Register, December 13, 
1843; The Morning Star, December 12, 1843. 

Elliot to Green, November 7, 1843. Declines his request for copies of certain letters. 
Green, Expedition against Mier, 456; Telegraph and Texas R^^ister, December 13, 
1843; The Morning Star, December 12, 1843. 

Green to Elliot, November 7, 1843. States reasons for applying for copies of certain 
letters on November 6, 1843. Green, Expedition against Mier, 456-457; Telegraph 
and Texas Register, December 13, 1843; The Morning Star, December 12, 1843. 

Kennedy to Jones, November 9, 1843. Pringles project for a colony in Texas. 
Jones, Memoranda and Official Correspondence, 269. 

Aberdeen to Pakenham, December 26, 1843. Great Britain desires to see Texan 
Independence established, but with no occult designs. She wishes to see slavery 
abolished in Texas, but will not interfere unduly or improperly. Senate Docs., 28th 
Cong., Ist Sess., V (Serial No. 435), Doc. 341, pp. 48-49; Nilee' Register, LXVI, 171; 
copy inclosed with Elliot to Jones, February 10, 1844. 

Elliot to Jones, January 8, 1844. Has hesLrd that Texas has settled her difficulties 
with Mexico; hopes for news of the release of the Texan prisoners. Jones, Memoranda 
and Official Correspondence, 301. 

Elliot to Jones, February 10, 1844. Sends a copy of a despatch from Pakenham. 
Is persuaded that annexation is entirely out of the question. Jones, Memoranda and 
Official Correspondence, 307-308. 

Jones to Elliot, March 18, 1844. Incloses a copy of the proposed armistice between 
^exas and Mexico, which can not be accepted. Jones, Memoranda and Official 
Correspondence, 327, 328. 

Elliot to Jones, March 22, 1844. The British Government is engaged in an effort to 
procure the recognition of Texas by Mexico. Asks for explanations concerning the 
contemplated move for annexation. Green, Expedition against Mier, 483; Nilee' 
Register, LXVIII, 35; The Red-Lander, June 15, 1844. 

Elliot to Jones, March 22, 1844. Thanks him for his letter of February 16, 1844. 
Believes that annexation will be defeated in the United States Senate. Jones, 
Memoranda and Official Correspondence, 329-331. 

Jones to Elliot, March 25, 1844. Gives the explanations requested by Elliot in his 
note of March 22, 1844. The Red-Lander, June 15, 1844. 

Elliot to Jones, April 3, 1844. Believes the time very favorable for the mediation 
of France and England. Niles' Register, LXVI, 280; The Red-Lander, June 15, 
1844; The Morning Star, June 8, 1844; Telegraph and Texas Roister, June 12, 1844. 

Smith to Jones, June 2, 1844 (extract). Lord Aberdeen remarked that he would 
say nothing more about slavery. The Red-Lander, August 31, 1844. 

Kennedy to Jones, June 3, 1844. Received Jones's letters of May 2 and 19, 1844. 
Can not come to Washington. Jones, Memoranda and Official Correspondence, 
357-359. 

Elliot to Jones, imdated (extract). Has informed British Government of Houston's 
determination to sustain the independence of the Republic, and supposes that Hender- 



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CAIiENDAB OF PBINTED CORRESPONDENCE. 47 

son's mission to the United States is to explain this position. The Morning Star, 
June 27, 1844. 

Jones to Smith, September 30, 1844 (extract). The subject of abolition can not 
and will not be entertained by the Government of Texas. The Red-Lander, August 
31, 1844. 

Smith to Jones, December 24, 1844. Just arrived from Liverpool. Tells of inter- 
views with Guizot and Aberdeen. Jones, Memoranda and Official Correspondence, 
411-412. 

Elliot to Allen, January 8, 1845. Asks for settlement of Little Penn claims, and 
incloses declaration of Thomas Hibbert, September 16, 1844, in support of said claim. 
Senate Journal, 9th Tex. Cong., extra sess., 62-64. 

Elliot to Jones, January 14, 1845. General Green is singing another veme to the 
tune of British influence. Jones, Memoranda and Official Correspondence, 413-414. 

Terrell to Jones, January 21, 1845. Has been in London nine days. Tells of an 
interview with Aberdeen. Jones, Memoranda and Official Correspondence, 415-417. 

Terrell to Jones, February 2, 1845 (extract). Since his last despatch he has had 
two interviews with Aberdeen. Was assured that England had no desire to acquire 
Texas. Jones, Memoranda and Official Correspondence, 419-420. 

Terrell to Jones, February 13, 1845. Has arrived at Paris from London; before 
leaving he had a conversation with Aberdeen who was rather cool, having heard that 
Jones favored annexation. Jones, Memoranda and Official Correspondence, 422-431. 

Smith to Elliot, February 22, 1845. Denies validity of Little Penn claim on grounds 
that goods really belonged to Mexicans. Senate Journal, 9th Tex. Cong., extra sess., 
64-67. 

Jones to Aberdeen, March 31, 1845. It has been thought advisable to have Elliot 
go to Mexico. Jones, Memoranda and Official Correspondence, 475-476. . 

Elliot to Jones, April 3, 1845. The new government in Mexico adheree to the 
favorable disposition expressed by Santa Anna. Jones, Memoranda and Official 
Correspondence, 441. 

Elliot to Jones, April 5, 1845. Will leave on the Eurydice. Jones, Memoranda and 
Official Correspondence, 443. 

Smith to Jones, April 9, 1845. Fears that when it is known that he has been sent 
to Europe public opinion will become inflamed beyond control. Jones, Memoranda 
and Official Correspondence, 446-449. 

Smith to Jones, April 14, 1845. Will proceed at once to Boston and embark for 
England where he will use every exertion to accomplish his mission. Jones, Memo- 
randa and Official Correspondence, 451. 

Elliot to Jones, April 21, 1845. The Government of Mexico has demanded of Con- 
gress the authority to treat with Texas. Jones, Memoranda and Official Correspond- 
ence, 452-453. 

Smith to Jones, May 1, 1845. Arrived at Boston; leaves at once for England. His 
journey has caused much speculation in the United States. Jones, Memoranda and 
Official Correspondence, 456-457. 

Elliot to Jones, June 12, 1845. The excitement in the United States may drive the 
Mexicans out of the humor of complying with the preliminaries of the treaty. Jones, 
Memoranda and Official Correspondence, 468-469. 

Elliot to Jones, June 13, 1845. Should the present storm blow over, Texas can rely 
on the friendship of England. Implores Jones to preserve Texas. Jones, Memoranda 
and Official Correspondence, 470-471. 

EUiot to Allen, June 13, 1845. Takes formal leave upon departing from Texas. 
Senate Joiunal, 9th Tex. Cong., extra sess., 67-68. 

Allen to Smith, June 26, 1845. There is no doubt that annexation will be accom- 
plished; recalls Smith. The Morning Star, August 16, 1845; Telegraph and Texas 
B^;ister, Au^;u8t 20, 184^. 



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48 AMERICAN HISTORICAIi ASSOCIATION. 

Terrell to Jones, July 25, 1845 (extract). Has just arrived from Liverpool. Jones, 
Memoranda and Official Correspondence, 481. 

Elliot to Jones, January 4, 1846. Sends a copy of a despatch from Lord Aberdeen. 
Jones, Memoranda and Official Correspondence, 508. 

COEBBSPONDBNCE WTTH PRANCE. 

Henderson to Jones, October 6, 1838. Had an interview with Count Mol^ relative 
to recognition. Jones, Memoranda and Official Correspondence, 133-135. 

Henderson to Jones, October 28, 1838. Believes Texas will be recognized by France 
before March. He is not much concerned about a commercial arrangement. Jones, 
Memoranda and Official Correspondence, 135-137. 

Henderson to Jones, November 12, 1838 (extract). The withdrawal of the annexa- 
tion proposition has removed the one obstacle to the recognition of Texas by France and 
England. His proposition for a commercial arrangement will be accepted by the 
French King. Jones, Memoranda and Official Correspondence, 137-138. 

Henderson to Jones, December 5, 1838 (extract). Thinks Texas should not allow 
vessels manned by free n^;roe8 to enter her ports. Jones, Memoranda and Official 
Correspondence, 138-139. 

Henderson to Jones, December 28, 1838. Nothing of importance has transpired 
since his last. Jones, Memoranda and Official Correspondence, 144-145. 

Henderson to Jones, June 20, 1839. The French King is anxious to recognize Texas 
provided Saligny's report is favorable. Pontois thinks that the question of slavery is 
influencing Great Britain to delay recognition. Jones, Memoranda and Official Cor- 
respondence, 146-147. 

Soult to Hamilton, September 12, 1839. The Republic of France will facilitate the 
n^otiation of the loan. Telegraph and Texas Register, February 16, 1842. 

Henderson to Jones, September 27, 1839 (extract). Has completed the n^otiation 
for the loan. Will leave for England in a few days. Jones, Memoranda and Official 
Correspondence, 1,47-148. 

Hughes to Jones, March 24, 1840. Tells of his part in bringing about recognition by 
France. Jones, Memoranda and Official Correspondence, 153-155. 

Guizot to Hamilton, March 31, 1841. Received his letter in which he recalls the 
promise of Marshall Soult. A guaranty of such a nature would have to be submitted 
to the Chambers. Doubts its passage. Telegraph and Texas Register, February 16, 
1842. 

Hamilton to Guizot, April 21, 1841. Regrets that the Government has withdrawn 
its guaranty of the loan. Telegraph and Texas Register, February 16, 1842. 

Saligny to Jones, November 21, 1841 (extract). His Government has vindicated 
him of the charges against him and he is preparing to return to Texas. Jones, Memo- 
randa and Official Correspondence, 173-174. 

Saligny to Jones, December 6, 1841 (extract). Thinks the views of his Government 
relative to the charges against him are as conciliatory as those of Texas. Jones, Memo- 
randa and Official Correspondence, 174-177. 

Hamilton to Jones, March 2, 1842. Thinks that the Saligny affair should be kept 
open no longer. Jones, Memoranda and Official Correspondence, 177. 

Jones to Smith, January 31, 1843. Smith is to make representations to the Crovem- 
ments of France and Great Britain relative to the predatory warfare carried on by 
Mexico. Telegraph and Texas Register, June 21, 1843. 

Jones to Smith, Jime 10, 1843. See Calendar of Correspondence with Great Britain. 

Hughes to Jones, November 24, 1843 (extract). Claims credit for securing recogni- 
tion of Texan independence by France in 1839. Jones, Memoranda and Official Cor- 
respondence, 271-273. 



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CALENDAB OF PRINTED COBBBSPONDENCE. 49 

Smith to Jones, January 29, 1844. Believes the best feelings are entertained for 
Texas both at Paris and London. Jones, Memoranda and 0£icial Oonre^pondence, 
304-305. 

Guizot to Saligny, August 1, 1844. Saligny is to discourage annexation as much as 
possible. Niles' Roister, LXIX, 403. 

Smith to Jones, November 14, 1844. Glad to hear ol his election as President. 
Jones, Memoranda and Official Copespondence, 399-401. 

Terrell to Jones, November 22, 1844 (extract). Saligny has received despatches 
Erom his Government on the subject of annexatiim. France will give the guaranty 
spoken of by Doctor Smith provided Texas will suspend annexation operations. Jones, 
Memoranda and Official Corre^)ondence, 404-405. 

Saligny to Jones, April 3, 1845 (extract). Has received cheering news from Mexico. 
Leaves for New Orleans soon. Jones, Memoranda and Official Correspondence, 443- 
444. 

Saligny to Jones, May, 1845. The Deputies of Mexico have declared in favor of 
Texan independence by a vote of 41-43. Jones, Memoranda and Official Correspond- 
ence, 463-464. 

DeCyprey to Jones, May 20, 1845. See Calendar of Correspondence with the 
United States in Part I. 

Jones to DeCyprey, June 6, 1845. See Calendar of Correspondence with the United 
States in Part 1. 

CORBBSPONDBNCB WITH SPAIN. 

Fisher to Jones, May 3, 1842. Gives news of movement of Spanish fleet in the 
Gulf of Mexico, and suggests that n^otiations be opened with Spain for a treaty of 
commerce in order that she may not force the blockade. Jones, Memoranda and 
Official Correspondence, 195-196. 

CORBBSPONDBNCB WITH BBLOIUM. 

Lipscomb to Hamilton and Burnley, April 18, 1840. Hamilton is authorized to 
negotiate a treaty of amity and commerce with Belgium. Relations between Great 
Britain and the United States, and status of affairs between Mexico and Texas. 
House Journal, 5th Tex. Cong., Appendix, 277-280. 

CORBBSPONDBNCB WITH THB NBTHBRLAJ^DS. 

Hamilton to Lipscomb, June 6, 1840. Asks for power to treat with Belgium and 
Holland for the recognition of independence, and for conunercial treaties. House 
Journal, 5th Tex. Cong., Appendix, 286. 

Hamilton to Lipscomb, July 28, 1840. Reports progress of n^otiations with the 
Netherlands for recognition preparatory to securing a loan, and discusses prospects 
for securing a loan in France or Great Britain. House Journal, 5th Tex. Cong., 
Appendix, 287-291. 

Hamilton to Lipscomb, September 1, 1840. Reports on course of negotiations with 
the Netherlands for recognition, and discusses prospects for securing a loan in Europe. 
House Journal, 5th Tex. Cong., Appendix, 292-293. 

CORRBSPONDBNCE WITH THB HAN8E TOWNS. 

Daingerfield to Jones, February 4, 1843. Has received information relative to the 
government of the Hanse Towns. Jones, Memoranda and Official Correspondence, 
207-209. 

Daingerfield to Jones, April 22, 1844. Sends greetings. For official information 
refers to despatches of the same date. Jones, Memoranda and Official Correspond- 
ence, 347-348. 

39728**— VOL 2, pt 1—11 4 



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50 AMEBICAN HISTORICAL ASSOCIATION. 

Daingerfield to Jones, November 8, 1844. Congratulates Jones on hb election to 
the Presidency. Has been counteracting Mexican influence in Hamburg. Jones, 
Memoranda and Official Correspondence, 394-396. 

COBRE8PONDBNCB WITH THE PAPAL STATES. 

Cardinal Fransonius to President of Texan Republic [Burnet], July 18, 1840 (trans- 
lation). Announces appointment of John Timon as prefect apostolic, or pastor of the 
Catholic Church in Texas, and of other priests as his associates, asks that property of 
the church be turned over to Timon, and commends them all to Burnet's aid and pro- 
tection. Ikin, Texas, 77-78. 

Burnet to Cardinal Fransonius, December 24, 1840. Announces that principles of 
religious toleration prevail in Texas although most of the citizens axe Protestants, and 
promises that such property of the Catholic Church as can be identified will be turned 
over to Timon. Ildn, Texas, 78-79. 



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CORRESPONDENCE HITHERTO UNPUBLISHED. 

CORRESPONDENCE WITH THE UNITED STATES. 



AddUional Letters, 1835-1842.'' 
Jacksok to Houston.** 



Houston to Henderson .« 

In the name of the Republic of Texas, Free, Sovereign and Inde- 
pendent. To all whom these Presents shall come or may in any 
wise concern. I Sam Houston President thereof send Greeting 

Whereas it is the ardent desire and interest of this Government to 
open an intercourse between it and the United States Government 
upon just and liberal terms and to procure the acknowledgement by 
that Government of the Independence of Texas, and whereas accord- 
ing to usage that Government cannot receive a minister from this 
Republic until its Independence is acknowledged. Therefore I Sam 
Houston President of the Republic of Texas by virtue of the authority 
vested in me by the Constitution, do by these presents nominate, 
constitute and appoint William H Wharton and Memucan Hunt, 
the agents and representatives of this Government, to the Govern- 
ment of the United States with full power as such to negotiate for the 
recognition of the Independence of this Republic with the authorities 
of that Government, and to do all necessary acts and things for the 
purpose of effecting the object of their agency. 

In Testimony whereof, I have signed these Presents, and aflSxed 
my private Seal, there being no great Seal of OflBce yet provided. 
Done at the Town of Columbia this 31st day of December A D 1836 
and of the Independence of this Republic the first. 

Signed 
Sam Houston P. S. 

L. s. 

J PiNCKNEY HeNDEBSON 

Acting Secy of State. 

aTbe oorrespondeDoe for this period was published in Part I, but what is here given has been discovered 



h September 4, 1836. Bee Calendar, Correspondence with the United States, addenda (in Part H). 
•See Records of Department of State (Texas), Book 38, p. 13. 

51 



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62 AMEBIGAK HISTORICAL ASSOCIATION. 

BUBNLET TO JONBS.* 



Williams to Jokes.* 



Webb to La Branched 

Department of State 
Houston 27th May 18S9. 
Sm 

I have the honor to acknowledge the recpt of your communication 
of the 13th Instant announcing the appointment by the Govemment 
of the United States, of a Commissioner, Surveyor, and Clerk, pur- 
suant to the Convention entered into between the United States of 
America and the Republic of Texas for marking the boundary 
between the two Countries, and to inform you, that on the part of 
this Government, Branch T. Archer has been appointed Commissioner, 
C. R. Johns Surveyor and Hamilton Bee Clerk, to Carry into effect 
the objects contemplated by said convention. 

I have also the honor to inform you that these officers will be 
directed to meet in New Orleans on the first Monday in August next, 
agreeably to one of the provisions of said Convention, at which time 
it is hoped that the officers appointed by the United States Govern- 
ment will be prepared to join them for the purpose of entering upon 
the discharge of their respective duties 

I have the honor to be, with sentiments of the highest esteem and 
Respect Your Obdt. Servt. 

James Webb. 
[Acting Secretary of Siaie^ 
Honl. Alci^e La Branghe 
Ohargi d^ Affaires of the 
United States, 
Houston, 



^^■^^■^*^^— 



a Oetober 11 , 1838. Se« Calendar, Correspondence wltli tbe XJi|lte4 States, aidmia (|n P^rt H). 
h March 11 , 1839. See Calendar, Correspondence with the United States, odAenia (in Part n). 
eSee Records of Departmrot of State (Texas), Book M, p. 108. 



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00bbbspokd£hg£ with the united states. 53 

buknet to dunlap.® 

Department of State 

Houston 3d Jum 18S9. 
Honorable Richd. G. Dtjnulp. 
Sm, 

I am instructed to inform you that the President has appointed 
Branch T. Archer Commissioner, C. R. Johns Surveyor, and Hamilton 
Bee Clerk to carry into effect the convention for running the line 
between the United States and this Republic. 

These officers will be directed to repair to New Orleans in time to 
meet those appointed on the part of the United States on the first 
Monday in August next. 

I have the honor to be Your Obedient Servant. 

David G. Subnet Actg Secty of State. 



Amobt to Dunlap.^ 

Department op State 
Houston July 84th 1839. 

I am instructed by the President to inform you that the following 
changes in the appointments of Commissioner and Surveyor on the 
part of this Government to run and mark the boundary line betwe^i 
the United States and Texas, have been made, and to request that 
you will give notice thereof to the Government of the United States. 

In the place of Branch T. Archer Esqr (of whose appointment as 
Conunissioner you were notified on the 3d Jime last, and who from 
private considerations has since been compelled to decline acting) 
the Honl. Isaac N. Jones has been appointed, and in the place of C. 
R Johns Esqr.tieorge W. Smyth Esqr has been appointed Surveyor. 

As circumstances not now foreseen may prevent the attendance of 
one or both of these Gentlemen at New Orleans on the day appointed 
for the meeting of the Commissioners, and to avoid any disappoint- 
ment or delay on the part of this Government in causing the line to be 
run, David Sample Esqr has been duly authorized to act as commis- 
sioner in the place of Doct Jones, should the latter GrentlemMi not 
attend, and if neither of them attend, then Lieut Col. Peter B. Dexter 
of the Texian Army will be authorized to act, and in the event of the 
failure of the Surveyor to attend, the Commissioner will be authorized 
to appoint some other competent person, and to proceed with the 
work immediately. 

You will perceive in this determination of the President to guard 
against all contingencies which might interrupt the progress of the 

a See Records of Department of State (Texas), Book 38, p. 115-116. 
h See Beoords of Dqiartment of State (Texas), Book 88, p. 120-121. 



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54 AMEBICAN HISTORICAL ASSOCIATION. 

work, his great desire for its speedy accomplishment, and he trusts 
that an equal anxiety is felt by the Government of the United States 
to bring to a satisfactory adjustment this troubled question.^ 
I have the honor to be with great respect 
Your obedient Servant 

Nathl Amory. Adg Sedy of State 
Honl R. G. DuNLAP. 

Minister Plenipotentiary of the 

Government of Texas. Washington. 



Burnet to Dunlap.^ • 

Department of State 
Houston 19th August 18S9 
To the Honl. 

R. G DuNLAP 

Sir, 

I have the pleasure to acknowledge several communications from 
you recently, and one from Mr Roberts of the 2d Inst. ^ enclosing copy 
of a communication from Mr Poinsett Secretary of War to yourself. . 

I regret to observe that Mr Poinsett seems to restjrict the obliga- 
tions of the United States growing out of the treaty with Mexico, to 
Indians resident within the United States. The prevention of any 
encroachments upon our territory from such Indians is certainly very 
desirable on our part, and manifestly incumbent on that of the Gov- 
ernment of the United States. But there is another description of 
Indians whose annoyances are equally intolerable to us and who are 
equally within the perview of the treaty stipulations. The band of 
Cherokees lately under the Chieftainship of the notorious Bowls* 
have been resident for some years in Texas, but they are orijginally' 
Indians of the United States, and having been unwelcome intruders 
here, have never lost their American character, nor acquired social or 
political rights here. They are clearly the legitimate subjects of the 

a There was an extensive correspondence between the oommlssioners of the United States and those of 
Texas, and between the Texan government and Its commissioner, part of which has been published In 
Sinate Doa., 27th Cong., 2d Sess., Ill (Serial No. 397), Doc. 199, and Howe Docs. 27th Cong., 2d Sess. n 
(Serial No. 402), Doc. 51, and more is copied in Records of the Department of State (Texas), Book 51. The 
main question raised in this correspondence, namely, whether the mouth of the Sabine should be inter- 
preted to mean the point where the river enters Sabine Lake or the point where the lake debouches into 
the Oulf of Mexico and by consequence whether the lake should be regarded as lying wholly within the 
United states or not— is quite interesting and important; but since Forsyth refused to recognize author- 
ity of the commissionerB to deal with the question and censured Overton, the United States commissioner, 
for engaging In the discussion (see his letter, in Pub. Does., 402, cited above), and since considerations of 
gpaoe in the publication of this Correspondence are claiming attention, the series to which this note refers 
is omitted. 

h See Records of Department of State (Texas), Book 38, p. 122. 

«InPartI,p.4U. 

d As to the form of this name, see Handbook of Amenean Indtans North of Mexico, Part I, les. 



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COBBBSPONDENCB WITH THE UNITED STATES. 55 

Treaty stipulation on the part of the United States and properly 
belong to their jurisdiction and control. 

The Caddoes are more recent intruders upon our territory and they 
commenced their hostihties before they had the audacity to pass the 
line of the United States. The Kickapoos, Shawnees, Delawares, and 
Several Minor bands of the Creek tribe are in similar circumstances, — 
and these all have combined together in depredating upon our scat- 
tered frontier famihes. 

You have probably heard of the late campaign against the Chero- 
kees and its results. It is not ascertained whether they have actually 
passed the Une of the United States or whether they have only dis- 
persed in small parties and are meditating a cruel and desultory war 
upon our borders. They have been pretty severely chastised and we 
entertain a hope that they will give us no further Molestation. If 
they shall have crossed into the United States it is important that 
some adequate steps be taken by that Government to prevent their 
returning. If they should return, it will be more than probable that 
Many of the restless spirits among the tribes lately translated to our 
vicinity will unite with them and by becoming participants in the war 
here, will eventually kindle a flame that will spread along the whole 
line of the Missouri. The death of Bowls has deprived the tribes 
resident in Texas, of their most intelligent and mischievous head, 
and has in a great measure subverted their political powers by destroy- 
ing their means of combination. Still they may be capable of inflict- 
ing grievious evils upon our frontier settlements, by desultory incur- 
sions, and it is very important that we avail ourselves of every possible 
and just method of prevention. 

The propriety of the application to the Government of the United 
States in respect to these bands, is so obvious that the President does 
not feel it needful to present any further reasons in elucidation of it. 

The Presidents health is improving. We shall shortly be busily 
employed in removing to Austin. 
I have the honor to be 

Your Obdt. Servt, David G. Subnet 

Actg Secretary of State. 



Embebson to Johnston.* 



a September 2, 1839 (extract). See Amory to Dunlap, October 25, 1839, In thia series of addenda. 



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56 american histobical association. 

duklap to dunlap.« 

Bank United States 

Seftr £8, 1839. 
Dear Oeneral 

You will of course apprise the proper authorities, that amount 
advanced to day, for the Bill on London, say $3633.33 (Three thou- 
sand six hundred and thirty three 33/100 dollars) is to remain here 
undrawed, of the deposit at present existing in this Bank until the 
Bill is paid, and will much oblige me by addressing to me a note 
saying that you have so advised them 
Always yours 

T DUNLAP 

Gen R G. Duklap 



Amort to Dunlap.* 

Department op State 

Austin 26th Odr 1839 
Sir, 

The Honl David O. Burnet Actg Secty of State being at present 
absent from the seat of Government, I am instructed by his Excel- 
lency the President to transmit you a certified copy of a communi- 
cation received this day by the Honl. A. Sidney Jonston* secre- 
tary of War, from John EiUberson Captain of a company of Texas 
Rangers on our North eastern frontier, with a request that you 
will make its contents immediately known to the Government of 
the United States, in order that prompt measures may be adopted 
by that Government to prevent the threatened invasion of Texas 
by the Indians therein alluded to, and restrain them within their 
proper boundaries. 

That the action of the United States Government on this subject 
will be prompt the President feels the fullest confidence, from the 
repeated assurances of Mr Poinsett Secretary of War as commu- 
nicated through yourself, that his Government would oppose force 
to any body of Indians which might attempt to pass into Texas, 
and that orders had been given to the Commanders stationed at and 

a Bee ReoDtds of Department of State (TezM), Book 41, p. 891. This letter was an enckwnre with Dunlap 
to Burnet, October 12, 1839. Part I, p. 420, note a. 
» See Records of Department of State (Texas), Book 38^.p. 137-138. 
e Johnston. 



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COBBESPONDBNOE WITH THE UNITED STATES. 57 

near the line of the two Countries to Carry out these views of the 
United States Government. 

I have the honor to be with Sentiments of 

High Consideration^ Your Obdt servant 

Nathl Amort 

CI^ Clk Dept of State. 
Honl 

KiGHABD G. DUIOAP 

Minister far the Republic of Texas 

Washington/ U. S. 



Bztnet of a letter direeted to the Honl A Sidney J<diiifltoii Secretary of War from John Brabenoo oom- 
znanding a company of Texas Raogers dated Camp Bols d'Aic Sept 2d 1839. 

Since my last nothing of importance has transpired on this frontier, 
no sign of any Indians crossing Red River, either to or ft*om Texas 
with the exception of a small party of Pawnees a few days ago, 
on their way from Texad, to their Village on the North side of Red 
River, which party was permitted to pass unmolested, and crossed 
ihe Red River in peace and safety. This party informed us, of a 
party of Cherokees, Settled and are now remaining, on the East fork 

of the Trinity River about We will keep a close watch for 

them. 

I have just received a communication from Mr Clark Sub Agent 
for the CSioctaw Indians of the United States, which informs us that 
a party of Cherokees are now embodying on the Arkansas River 
for the purpose of invading Texas, and advising me to keep a close 
watch for them. I believe the United States Indian Agents are 
doing all in their power to prevent the Indians from crossing Red 
River to commit depredations upon our Citizens. Yet it will be 
impossible to prevent it, so long as Red River remains the dividing 
line for 200 Miles between our Settlements, and the Indians and no 
station, or Military post, at any point upon said Stream. 

Department of State, Austin Oct 26- 1839 
(Seal) I certify the foregoing to be a true copy 

N. Amort. Chf CJk Dept State. 



Burnet to La Branche.<» 

Department of State 

OUy of Austin 99 Novr 18S9. 
The Undersigned, Acting Secretary of State, has the honor to 
acknowledge the receipt of the note of 28th Inst.* from the Honl 



aSeeReoord8ofDepeitm^tofState(Texa8), Book38,p. 128. bInPartl. 



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58 AMBBICAN HISTOBICAL ASSOCIATIOK. 

Charg6 d' Affaires of the United States, representing that ''another 
violation of the territory of the United States has been committed 
by a Military officer of Texas " 

The undersigned has submitted that note to the President and has 
great pleasure in reiterating to the honorable Mr La Branche his 
sentiments on the subject and to assure him that an enquiry will 
be instituted into the relative facts that the officer who may be 
found to have so transgressed, will be suitably admonished of his 
indiscretion; and that such further measures will be adopted as it 
is hoped will effectually prevent the recurrence of a similar event. 
The President is sensible of the many difficulties incident to border 
Settlements where the population of the remote frontiers of Two 
Gk)vemments are put in juxtaposition. In the present instance 
those difficulties are probably enhanced by the fact that the line of 
demarcation between the two Governments has not been definitively 
ascertained and by the consequent inability of this Government to 
perfect its domestic organization in that quarter of the Republic. 

It affords the undersigned great satisfaction to assure the Honl. 
Charg6 d' Affairs of the United States that nothing can be more 
foreign to the designs or repugnant to the wishes of the President 
and indeed of the people of Texas, than to intercept the harmony 
and good understanding which so happily subsists, and it is confi- 
dently hoped always will prevail between the two Grovernments. 

The acting Secretary of State has the honor to repeat to the 
honorable Mr La Branche assurance of his high consideration and 
Regards. 

David G Burnet. 

To the Honorable 

Alcee La Branche, ChargS d' Affaires 

of the United States. Austin. 



ScuRLocK TO Burnet.* 



Williams to Burnet.* 



RowLETT TO Burnet/ 



a November 30, 1839. See Burnet to La Branche, December 7, 1839, in this series of addenda. 

6 November 30, 1839. See Burnet to La Branche, December 7, 1839, in this series of addenda. In the copy 
the date is incorrectly given as 1837. 

c Undated but probably written about the same time as the other enclosures in the letter with which it 
was sent. See Burnet to La Branche, December 7, 1839, in this series of addenda. 



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corbbspondbncb with the united states. 59 

Burnet to La Beanchb.* 

Department of State 

Austin Deer Sd 18S9. 
Sm, I have the honor to acquaint you that in place of David Sam- 
ple Esqr Commissioner on the part of Texas to nm and mark the 
boundary line between this Republic and the United States, the 
Honl Memucan Hunt has been appointed and will reUeve the former 
Grentleman on arrival at a point where he may meet the joint Com- 
mission of the two govenmients. 
With great consideration 

I have the honor to be 

Your Obedient Servant 

David G. Burnet 
AcHTig Secty of State. 
Honl 
Alo£e La Branohe 

Chargi d/Af aires 

Of the United States 
Austin. 



Burnet to La Branche.* 

Department of State 

December 7th 18S9. 

Sm, Agreeably to my promise in the conference which I had the 
honor to hold with you on yesterday, relative to the claim of Messrs 
Campbell and Dean, which was presented to this Government by 
your official letter of 18th June last, I am directed by the President 
to remark. « 

That, the (Jovemment of Texas feels itself bound to make full 
compensation for the quantity of bacon that was actually pressed 
by an officer of the Texian Army, from the possession of Mr. R. G. 
Bryerly,*' as alledged in your note, and avouched by the receipt of 
that officer. The only difficulty that intervenes an immediate set- 
tlement of this demand results from the excessive price which the 
claimants have affixed to the article. To render justice, is a common 
duty: to submit to imposition, is to sanction and reward iniquity. 
Messrs Campbell and Dean must be sensible that no instance can be 
found in this or any other country, of inferior and damaged bacon 
having been sold at two dollars per pound. On this Subject, I have 
the honor to transmit you three several letters from gentlemen of 

•See Records of Department of State (Texas), Book 38, p. 128. 
»8ee Records of Department of State (Texas), Book 38, p. 12»-ia0. 
cBryAriy. 



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60 AMBBICAN HI8T0BI0AL AS800IATI0K. 

high respectability, all of them members of the Congress of Texas. 
But as I am in expectation of further testimony on this subject, I 
would resi>ectfully suggest the propriety of deferring the discussion 
of it until more minute information can be had. 

In reference to the damages claimed, I can only remark at present, 
that the question of damages, and the amount, if any, to be allowed, 
will depend upon the circumstances of the case; and with the very 
limited intelligence we now have, it would be impossible to arrive 
at a satisfactory solution. The whole demand is so exceedingly 
exorbitant that a rigid scrutiny into the relative facts, seems to be 
indispensible to a just appreciation of it. 

I have the honor to repeat to Mr. La Branche, assurances of my 
high consideration. 

David G. Burnet. 

Adg Secty of State. 
To the Honl 

Alc£e La Branche 

Charge d^ Affaires of the United States, 

(The following are the letters transmitted as referred to above.) 

Austin SOth Novr. 18S9 
Honl David G. Burnet. 

Sir, Having understood that the Honl Charg6 d'Affaires of the 
United States, near the (jovemment of the Republic of Texas, 
has claims against this Government for 10000 dollars which is 
charged by one Davis for 5000 pounds of inferior bacon pressed by 
the quarter Master of the fourth Brigade Texas Militia. Having 
been myself engaged in the sale of Bacon during the same season, 
previous to said impressment, I am enabled to say with certainty 
that at the time of tBe impressment of said bacon and previously, 
the highest price for which any was sold in the neighborhood of said 
bacon unless in very small quantities did not exceed seventeen cents 
per pound, average price from 15 to 17 cents per lb. The bacon 
taken by our Quarter Master was a very inferior article consisting of 
Jowls, Shoulders and Sides. 

Very respectfully Your Obdt Servt 

William Scurlock. 



Austin November SOtJi 1837.^ 
To Honl David G. Burnbt. 

Ser, I was acting in the capacity of Assistant Quarter Master for 
the 4th Brigade at the time the lot of bacon (5000 pounds) belonging 



a This la apparently the copyist's error for 1839. 



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COBBBaPONPBJKOB WITH THB UNITED STATES. 61 

to or in the possession of a Mr Bryerly a citizen of Red River County, 
was taken for th? use of the troops of the hrigade, and it was always 
my understanding that, the ^boye Bryerly iirformed Majr West the 
Quarter Master that he could have the bacon. I am quite confident 
had any opposition interfered, this bacon would not have been taken. 
I draw this inference from ipstructions given to me when I com- 
menced preparing to fit out the 2d Battalion of the 1st Regiment. 
I can further say that this was an inferior lot of bacon, and much 
injured by bugs worms etc. having been on hand through the sum- 
mer until November before taken. 
Respectfully yours etc. 

Wii.i.uif M, WiULUUS. 



Honl David G. Bubnet. 

Db Sib, J have examined the communications from Captains 
Scurlock and Williams herewith enclosed and am certain that the 
statements made therein are strictly true. I lived in the adjoining 
county at the time of taking the bacon alluded to in said communi- 
cations, and I know very well that the price of the best bacon in 
small lots in the county of Red River, at and before the time of tak- 
ing said bacon was from 15 to 17 cents per pound, and no lot was 
during that time sold for a higher price, during the summer or fall 
in which said bacon was taken. 
Very Respectfully 

D. ROWLETT. 

Bubnet to ]L*a BBAifcnE.<» 

Depabtment op State 

Austin 16th Deer 1839— 

Sib, Many official engagements have caused me to defer replying to 
your note of 10th inst^ which was received some days ago. 

I cannot but regret that the phraseology of the note which I had 
the honor to address to you on the 7th instant, should give occasion 
for any explanatory discussion, and I regret it the more because 
you seem to have misconstrued its meaning in several particulars. 
I was perfectly sensible that Messrs Campbell ^nd Dean had 
exercised sufficient adroitness to present their demand in two 
distinct forms: but it was also apparent that the aggregate sum 
demanded for five thousand (5000, pounds of bacon exceeded ten 
thousand (10.000-) dollars, which is something more than two (2) 
dollars per pound for the Bacon. The three letters from highly 
respectable gentlemen, copies of which were transmitted to you 

a See Records of Department of State (Texas), Book 38, p. 131-132. 
ftlnPartl. 



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62 AMEBICAN HISTORICAL ASSOCIATION. 

with my last note, afford ample testimony of the facts, that the bacon 
pressed was of inferior quaUty and damaged: that the current price 
of good bacon in the neighborhood and at the time of the pressing 
was from 15 to 17 cents per pound: and one of them very distinctly 
intimates that the bacon in question was taken with the free consent 
of the person in charge of it, although the receipt given by the 
Texian Officer purports that it was pressed. I therefore cannot per- 
ceive any impropriety in considering the demand as one, and the 
price of the bacon actually taken, as fairly estimated by its relative 
proportion to the amount demanded. The partition of the claim into 
two separate items, does not vary the result to this Government. 
We acknowledge to have received 5000 lbs of bacon and no more is 
alledged to have been taken. If 10072f j^ dollars are demanded 
for it we are evidently required to pay something more than two dol- 
lars per pound. The allegation of Messrs Campbell and Dean that 
20193 pounds of inferior and damaged bacon was totally lost incon- 
sequence of 5000 lbs consisting of ''sides shoulders and bones", hav- 
ing been taken from it, is too preposterous for serious consideration: 
and I am persuaded that when the facts are fully presented to your 
mind, that you will perceive and assent to its absurdity. But it is 
perfectly cons6nant to the further fact that they have charged for 
this lost bacon, which remained in their own possession, something 
more than twice the current value of the article. 

I am constrained to express my surprise that you could for one 
moment imagine I intended to cast any ''imputation" upon the 
Government of the United States. It is true, that Grovemment, has 
"presented" this extraordinary claim and in doing so, it has dis- 
charged a common duty to its citizens. But I should beUeve with 
extreme regret, that in this instance, presentation and justification 
were convertible or synonimous terms. I have not so understood 
it, and cannot therefore be justily supposed to have designed any 
imputation upon that government which commands the highest 
filial veneration of nearly all Texians. 

That the demand of Mess. Campbell and Dean is utterly unrea- 
sonable, will I am convinced be made apparent to you when all the 
relative facts are disclosed, and then I am persuaded you will not 
differ with me in the moral estimation of that demand. Enough is 
already apparent to satisfy me on that point, and to corroborate an 
opinion founded on observation that some men of ordinary good 
repute, have small restraints of conscience in making up demands 
against a government, which is in this respect, but an aggr^ation of 
individual interests and is capable of being defrauded. 

So soon as the further information which I am expecting on this 
subject, shall be received, it will gratify me to submit it to you. 



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COBBESPONDENOE WITH THE UNITED STATES. 63 

I have the honor to renew assurances of my high consideration and 
esteem. 

Your Most Obedient Servant 

David G. Bubnet 
Acting Secretary of State. 
Honl AjjctE La Branche 

Chargi d^ Affaires of the United States, 



Bubnet to La Branche.** 

Department op State 

Austin Deer. 17th 1839 
Sib 

I hasten to acknowledge your note of this morning,^ and to 
express my entire concurrence, that a further discussion of the Sub- 
ject Matter, ''is, at present unnecessary and inopportune". 

In my opinion enough has been disclosed to Justify all that I have 
pronounced upon the merits of the demand of Mess Campbell and 
Dean — but I admit also, that more evidence may be necessary to a 
correct adjustment of the Specific amount to which they are equitably 
entitled. That something is due them is without controversy, but 
that their demand is exorbitant and unreasonable, is perfectly clear 
to my perception, and in pronouncing it so I have no desire to dimin- 
ish their claim a fraction of a cent below its true merits what those 
merits are is the essential matter for discussion, and where '^ the more 
minute testimony which is expected, shall be received it will afford 
me pleasing to renew the subject, and I trust to reduce it to a final 
and satisfactory conclusion. 

With distinguished consideration 

I have the honor to be, your obt. Servant 

David G Bubnet Actg. Secy State 
Hon AlgIib La Bbanche 

Chargi de^ Affaires 



Bubnet to La Bbanche.^* 

Depabtment op State 
Austin Decemh. 20th 1839 
Sm 

Your note of 19th inst.« accompanied by a copy of a letter from 
Capt. J. Shepard of the Schooner Robert (^ntre, I had the honor to 
receive last evening. 

a See Records of Department of State (Texas), Book 38, p. 132-133. 
bin Part I, p. 431. 

• When. 

• See Becords of Department of State (Texas), Book 38, p. 132. 

• In Part I, p. 432. 

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64 AMERICAN HISTOBICAIi ASSOCIATIOK. 

The President regret§ exceedingly the unfortunate circumstances 
in which Capt Shepard is involved and will cheerfully extend to him 
every facility in his power, to obtain a redress of his alleged griev- 
ances. Our District Judges are invested with exclusive original 
jurisdiction in Maratime cases, and it so happens at this juncture that 
the judge of the District comprizing the port of Matagorda is on his 
way to the Capitol to attend the Supreme Court of the Republic, of 
which he is a member. 

To order a special court at Matagorda at this moment might seri- 
ously conflict with the proximate session of the Supreme Court, and 
result in great public inconvenience. But^ soon after the adjourn- 
ment of the Supreme court as may be practicable, a Special Court 
for maratime purposes will be held at Matagorda, when it is hoped 
and believed, Capt. Shepard will have ample justice dispensed to him. 
With great consideration I have the honor to be 
Your obt Servant 

David G. Burnet. 
Acting Secretary of State 
Hon Alc6e La Branche 

Charge d'affaires of the V. States, 



RowLETT TO Burnet." 

Austin 6th J any 1840 
Hon David G. Burnet 

Acting Secretary of State 

of the Republic of Texas, 
D. Rowlett for himself and as Agent for others humbly petitioning 
sheweth to your honor, that heretofore on the 1st day of May 1839 — 
a party of Cherokee Indians then living a short distance above Fort 
Smith in the United States of North America did steal and carry oflF 
from the county of Fannin in this RepubUc the following property 
namely — Two Horses the property of D. Rowlett worth three hun- 
dred and fifty dollars, — one horse the property of J. Fitzgerald worth 
one hundred and fifty dollars, — one mare belonging to J. R. Gamett 
worth one htmdred and fifty dollars, — one mare the property of John 
Dimcan worth two hundred dollars, — one mare the property of George 
Duncan worth one hundred and fifty dollars, — two mares and one colt 
the property of George Dawson^ worth two himdred dollars, — one 
horse the property of J. C, Dodds worth one himdred and fifty dollars, — 

a See Records of Department of State (Texas), Book 38, pp. 133-134. This letter was enclosed with 
Burnet to Donl^, January 10, 1840, which was published as itself an Sfwirnnni In Waples to Bee, Sep- 
tember 30, 1840, in Part I. 

ftDtmron. 



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CORRESPONDENCE WITH THE UNITED STATES. 65 

two mares the property of John and Isham Davis worth two hundred 
dollars, — ^AU amounting in Value to the Sum of fifteen himdred and 
fifty dollars. Your petitioner would further state that Said Indians 
were pursued by himself and eleven other citizens of the Coimty of 
Fannin, a distance of about two hundred and fifty miles, and so closely 
that said Indians were compelled to leave on the way one of the 
mares belonging to the Davis's which was retaken on their trail, and 
when said Indians had been trailed up within a very short distance of 
Fort Smith in the United States where the said Indians then lived, 
your petitioners took from said Indians one of the mares belonging 
to George Dawson and the colt of said mare, but said Indians were 
able to conceal the ballance of the property stolen as aforesaid. Your 
said petitioners then went to Genl. Armstrong the Cherokee Agent 
State, and near Fort Smith to whom they made complaint and said 
Agent really pronounced that the Value of all said property together 
with the expence of pursuing it should be retained out of the first 
annuity which might fall due to said Indians upon proper applica- 
tion being made for the same, which I hope you will do through the 
Charg6 de'aflfairs of the United States residing near this Govern- 
ment, — ^fifteen hundred and fifty dollars, from which deduct two 
hundred and twenty five dollars, for recoverd horses, leaves a bal- 
lance of thirteen himdred and twenty five dollars to which add the 
sum of two himdred and fifty two dollars, to cover the expenses of 
twelve men fifteen days, will make the sum of fifteen hundred and 
seventy seven dollars due us for said horses, and for detecting the 
theives for the recovery of which your aid is most respectfully solicited, 
and we as in duty bound will ever pray etc. 

D. RowLETT for 
Himadfand others. 



Burnet to Dunlap.* 

Department op State 

Austin Jan'y SOth ISJfi 
Sir 

The President has learned with profound regret, that the Ambas- 
sador of Texas, accredited to the Courts of France and Great Britain 
has sustained a high indignity, and a serious interruption on his home- 
ward passage through the territory of the United States.^ 

It appears that that gentleman, the Hon J Pinckney Henderson 
was arrested and held to bail, in the city of New York, shortly after 
his landing from Europe, at the suit of Mr Timothy T. Kissam and 

o See Records of Department of State (TezM), Book 88, p. 184-186. 
h See Henderaon to Bumet, December [9J, ISSO, in Part I, 

39728*— VOL 2, ft 1— U 6 



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66 AMEBICAN HISTORICAL ASSOCIATION. 

also at the suit of Messrs. Holbrook & Co Merchants of that city. 
And it is alleged those persons, were fully apprized of the ambassa- 
dorial character of the gentlemen against whose person their offensive 
proceedings were directed. General Henderson in a letter to this 
Department shortly after the Unfortunate transaction occurred, 
remarks, ''The first intimation, I had of their claims against me 
was from the Sheriffs who came to my apartments and arrested me 
with as little ceremony as he would have arrested a common Felon, 
although I exhibited to him my commission as Minister of Texas to 
France and England, and protested against the arrest as an insult 
to Texas and a Violation of her ambassadorial rights. " 

The most ancient and the most barbarous nations have recognized 
the rights of ambassadors as sacred and inviolable. Those rights 
include as a special privilege, exemption of the person of the ambassa- 
dor from the civil jurisdiction of the country in which he may reside 
and to whose Sovereign he is accredited. When that country is 
remote from his own and it becomes necessary to pass through 
other dominions in order to reach it or to return from it, his ambas- 
sadorial immunities accompany his progress, and all Sovereigns 
through whose dominions he may pass, are bound by the usual cotiiity 
of nations to respect his representative character and to afford him 
a free passage without molestation or hindrance unless his transition 
be attended by circumstances which involve some public hazard or 
inconvenience to the coimtry through which he passes. 

Nothing of this kind can be alledged in the passage of General Hen- 
derson from the courts of France and Great Britain, through the 
. territory of the United States, to Texas. He entertained no poUtical 
schemes adverse to the interests or the tranquility of the Government 
of the United States, nor Meditated any injury to any of its citizens. 
His object was simply to return by the most convenient route to his 
own country. In essaying to accomplish this object, after having 
rendered eminent services to his country, he has been rudely arrested 
and subjected to great inconvenience and indignity within a govern- 
ment with which Texas is proud to acknowledge her relations of 
amity and to profess her alacrity to reciprocate every feeling and 
every act of national Courtesy and friendship. 

The government of Texas is not insensible of the Vast disparity 
of physical power between itself and that of the United States. 
But this is a question of political and international right, and is not 
dependent upon physical power for its solution. It concerns all 
nations, for all are interested in sustaining the necessary immuni- 
ties, which all civilized and many barbourous powers have agreed 
reciprocally to confer upon those who bear the representative char- 
acter of a nations Sovereignty. The President cannot doubt that 
the government of the United States will Vindicate those immuni- 



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CX)RBESPONDENCE WITH THE UNITED STATES. 67 

ties in her own behalf, and will also cause them to be rigidly respected 
on the part of her citizens, towards other Co-equal Sovereignties. 

The President expects you will represent this outrage upon the 
National dignity and the rights of Texas in Suitable terms to the 
government at Washington, and that you will request at their hands 
such reparation as from the facts and circumstances, may appear 
to be just and consonant to the Usages of Nations. General Hen- 
derson was subjected to a delay of several days and his personal 
feelings were Violated by indecorous language touching his country, 
by Mr. Kissam, one of the Plaintiffs. But the chief indignity was 
offered to the Sovereignty of Texas and such indignities are forcibly 
addressed to the Sympathies of other nations. Annexed you will 
find a list of the persons concerned in these affairs,* which list you 
will transmit to the Grovemment of the United States for their more 
certain action. It cannot be doubted that that government which 
has ever approved itself wisely jealous of its own rights, will feel the 
necessity of instituting prosecutions against its citizens who who have 
been so foi^etful of their obligations as to Violate the most saJutory 
rules of inter-national decorum and of Universal polity, which rules 
contribute so -much to the Conservation of National harmony, by 
affording a free passage to the Messengers of peace and reconciliation. 
With great consideration 

I have the honor to remain etc. 

David G. Burnet Acting Sec State 

To Hon R. G. Dunlap 



Lipscomb to La Branche.* 

Department of State 

Austin 1st April 1840 
Sir 

I have the honor to acknowledge the receipt of yours of the 12th 
Ulto.* in relation to the case of Mr Shepard, Master of the Robert 
Center. The delay in the case of the Robert Center, was occasioned 
by a Vacancy on the Bench in the Matagorda District, and after that 
Vacancy had been fiUed by Congress, the judge was compelled to 
give his attention on the Supreme Court at the Seat of Government. 
There has been a Court holden at Matagorda, Since the date of Mr 
Shepards letter to you, and I have no doubt his case has been dis- 
posed of. 

a On the margin of the Record Book at this point is written '' Superior Court of the City of New York. 
Timothy F. Kissam ts J. Pinckney Henderson two notes BaU 13000 Lowell Holbrook. Thomas S. Nelson 
and William E. Shepard yb the same. Jones and Peck Deputy ShefZs. Dal. Lord Esqr. and Mr. Buller his 
partner witnesses to the arrest." 

» See Records of Department of State (Texas), Book 38, p. 139. 

«InPartI. 



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68 AMERICAN HISTORICAL ASSOCIATION. 

Accept Sir the assurances of the high consideration and esteem with 
which I have the honor to be, your obt. Servant 

Abneb S Lipscomb 

Secretary of State 
To Honl. Alc£e La Bbanche 
Chargi d' Affaires 
U.S. 



Lipscomb to Flood.* 

[Appointing 12 o'clock, that day, for an interview with Flood, to 
receive his credentials.] ^ 



Deposftion of Swagerty and Others.* 

Republic op Texas 

County of Fannin 

10th July 1840 
I Samuel McFarlane an acting Justice of the Peace in and for said 
County Certify that Joseph Swagerty, Isham Davis, John Davis, 
John Damron, George Damron, George W. Duncan, John Duncan 
and Daniel Rowlett this day personally appeared before me, and 
after being duly sworn deposeth and saith that on the first day of 
May 1839 they and each of them with several other men, left their 
homes in Said County in pursuit of twelve mares and horses which 
had been stolen from the immediate Neighbourhood in which they 
lived on the preceding night, that after tracking said horses a few 
miles, the trails all came together, near Red River in said County, 
from which place said horses were tracked in various directions, on 
the South Side of Red River about twenty miles, that they then 
crossed to the North Side of Red River, that they then tracked said 
horses on the North Side of Red River from Said Crossing about one 
hundred miles, when on the fourth day they run down and retook 
one of the mares, that had been thus stolen, that they then pursued 
the trail of said horses to a point within forty miles of the Indian 
Agency near Fort Smith, at which point said deponents turned back, 
and further saith not, except George Damron, John Damron, and 
Isham Davis who still pursued said horses, and the said George Dam- 
ron and Isham Davis deposeth and saith, that at or within two hun- 
dred yards of the house of Deers-track a Cherokee Indian who lived 
on the east side of Arkansas River, they found one of the mares which 

a June 21, 1840. See Records of Depftrtment of State (Texas), Book 38, p. 144-145. 

b This was one of the enclosores in Waples to Bee, September 30, 1840. For the letter and three of the 
enclosures, see Part I. For the deposition, see Records of Department of State (Texas), Book 38, pp. 
152-153. 



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COBBESPONDENCE WITH THE UNITED STATES. 69 

had been thus stolen and a young horse Said mare was fore hobbled, 
Andy Van another Cherokee informed said deponents that said horse 
had been carried to the east side of Arkansas River, and crossed at 
the houses of She-Cow and Deers-tracks. Said deponents then 
started to the Agency and met with Aaron Hicks the Capt of the Light 
horse who described said horses having seen them at a Grocery a 
small distance from where he lived. Said Hicks informed said 
deponents, that said horses had been stolen by Jontaga, Bird Crier 
the Nabb and other Cherokee Indians. I also certify that Thomas 
S Smith and William Cattle this day personally appeared before me 
and after being duly^wom, deposeth and saith, that on the morning 
of the first day of May 1839, they personally and severally saw a 
bay mare the property of George Duncan which had been shot the 
preceeding night with Indian arrows in a gang of horses from which 
one of the twelve horses above alluded to was stolen, that said mare 
which had been thus wounded died of said wounds early on the first 
day after she had been wounded. I also certify that the above 
named George Damron and Isham Davis deposeth and saith that 
at the place on the east side of Arkansas River near the house of Deers- 
tracks where they found the mare and young horse they also say a 
horse, the property of Israel Gables of said County which had been 
stolen from said Neighbourhood in said County about the 1st Feby 
1839, with three other horses the property of Parker McFarland and 
Black. 

Sworn to and subscribed before me this day and date first above 
written 

Saml MoFaklane J. P. Joseph Swagebty 

(l. s.) Isham Davis (l. s.) John Davis (l s) John Dambon 
(l s) Georqb Dambon (l s) G. W. Duncan (l s) John Duncan 
(ls) .D Rowlett (ls) T. S. Smith (ls) Wm. Catle (ls) 

[Next follow duly certified appraisements of the stolen horses."] 



Lipscomb to Hamilton & Bubnley.'' 

Depaetment of State 
City of Austin 15 Aug I84O 
To 

Genl James Hamilton and 
a. t. bubnley 
Gentlemen 

There is great difficulty in procuring funds for the salary of Mr 
Mcintosh, who is the acting Chargfi d'Affaires, for this Government, 
near the Government of the King of the French. He is entitled to 

a See Records of Department of State (Texas), Book 38, pp. 153-154. 
ft See Records of Department of State (Texas), Book 38, p. 148-149. 



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70 AMERICAN HISTORICAIi ASSOCIATIOK. 

the Salary of Chargfi d'Affaircs, Say five thousand Dollars per 
annum, since Genl. Henderson left. If you can by negotiation raise 
the amount, and have it paid over to him, you are authorized, and 
requested so to do. I wish you to write to him on the subject, I am 
apprehensive he may have suffered some inconvenience, for want of 
funds.* We have had within the last few days considerable excite- 
ment here, occasioned, by a very daring descent made by abou^ four 
hundred Comanche, Warriors, on Lynns landing a place much used 
as a deposit, for goods, designed for this place, and the Towns South 
west of this. They succeeded in passing down the Prarie, from the 
mountains, between the Colorado, and the Guadaloupe, and plun- 
dered the two Store Houses at the landing of some twenty or thirty 
thousand dollars worth of merchandize, and killed some of our Citi- 
zens there, as well as some in the vicinity of Victoria. The militia 
turned out with great promptitude from, the^ adjacent Settlements, 
and a party of about two hundred from this County, Bastrop and 
Gonzales, under Genl. Felix Huston and Colonel Burleson had the 
good fortune, to intercept them, about thirty five miles from this 
place and recovered all the spoil, and chastised them very severely, 
entirely dispersing them. This destruction at Lynnville, will prob- 
ably be magnified much in the newspapers. But although it was a 
bold enterprize, on the part of the Indians, when the circumstances 
are correctly known, its importance diminishes very much, Lynnville 
or Lynns landing, as it is usually called, is at the head of the Labacca 
Bay, where there were two Store Houses, and some half dozen families, 
giving a population of about thirty persons, a considerable quantity 
of merchandize were generally deposited there, until it could be 
Transported in waggons to the different points of distribution, and some 
suppUes for the Government had in the course of the Spring been 
received there though none were there at the time of the attack* The 
Indians no doubt informed by the Arkansas traders, of the fact of the 
probabihty of making rich Spoil, and encountering, but sUght resist- 
ance, from the few persons residing there, and the f aciUty afforded 
by the Prarie's for a retreat. The severe lesson they have received, 
it is believed, will prevent a similar enterprize. It is though that 
they killed but few persons, as most were able to make good their 
retreat, to the Boats on the shore. We have recovered from the 
Indians the Book of the Custom House which they were conveying 
to the mountains. It is rumored and believed that there has been 
a Revolution in the city of Mexico in favor of the constitution of 
twenty four, that Urrea is at the head of affairs. I do not put implicit 
confidence in the truth of this rumor, but from the unsettled condi- 
tion of the Country and the non resistance, with which the State of 

aC/. note a, p. 1375. 



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COEBESPONDENCE WITH THE XTKlTED STATES. 71 

Yucatan with-drew from the Central Government, I am prepared to 
look for the result reported, to have occured. We are aU anxiety to 
hear from you 

I have the honor, 

Gentlemen to be with great 

respect, your obdt. Servt. 

Abneb S.Lipscomb 



Waples TO Bee." 

Department op State 

Austin 19th Sep I84O 
Sib 

The Boundary line Commissioner (Mr Smyth) is at this time in 
Austin, and says that in consequence of the appropriation for carry- 
ing on that work being exhausted, and no appropriation upon which 
to draw for that purpose, he thinks it will not be possible to proceed 
with it, at the time agreed on, between him and the Commrs on the 
part of the United States which was the first of Novr. But as Con- 
gress meets on the first Monday of that month, and the question will 
doubtless be among the first taken up, and an appropriation for 
completing it made he thinks it advisable that you should inform the 
U. S. Govt., if in case he should not be present at the appointed 
time, of the cause of his detention; but will so soon as he is provided 
with means proceed immediately to the point of destination, which 
will be at farthest the Ist Deer. But if the Com and Engineer of the 
U. S. Think proper to meet at the time fixed on, to make observa- 
tions and satisfy themselves as to the point for starting, they can do 
so, as our Engineer and Surveyor are remaining there. The Presi- 
dent instructs me to inform you of these facts, that you may, if in 
your judgment you deem it proper, lay them before the U. S. Govt, 
in order that there may be no disappointment on the part of their 
Commsr. by being delayed at that point, and that he may be 
instructed not to be there until 1st Deer, instead of Ist Novr. It is 
very much regretted that so much delay has occurred in running this 
line. Much Solicitude is felt on the part of this Govt, to have it com- 
pleted. The President has been very ill since his return from Galves- 
ton. He is now convalescent but weak. Judge Lipscomb is absent, 
and will be foiu: or five weeks. 



I have the honor to be. Sir 
Your obdt Servant 



To 

Hon B. E. Bee 

etc. etc. etc. 



Joseph Waples 

Actg Sec of StaU 



o See Records of Department of State (Texas), Book 38, p. Ul. 

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72 american historical association. 

Lipscomb to Flood.** 

Department op State 
Austin City ISth Decernber IS/fi 
Sm, 

I have the honor to acknowledge the receipt of your, Note of this 
date, enclosing, the copy of a letter from, a citizen of the, United 
State, and enquiring, whether I considered that the Courtesy of 
friendly Nations would authorize an arrest and the surrender of the 
person charged, in the case presented, by the Copy of the Letter 
enclosed. I have the Honor to beg Mr Flood to be assured, that it 
will at all times afford this Government much pleasure to extend to 
the utmost limits the Laws of National Courtesy to the Government 
of the United States, but that the case presented is not believed, on 
the most Uberal construction to come within any acknowledged rule. 
It does not appear, that any offence criminal in itself has been com- 
mitted by the person charged, but that both would be classed as 
Mala prohiMta If however, the offence charged had been per Se 
Criminal, the Letter of Mr Wagner would not have been Sufficient 
evidence to Justify a warrant of arrest and an Order to Surrender 
him. An Exemplification of the Record, duly authenticated, would 
be required. I have the honor to be, with great Respect 
Your Obedient Servant 

Abneb S. Lipscomb 
Hon Geo H Flood 

Charge d* Affaires 

From the United Staies 



Waples to Amory.<» 

Department op State 

Austin 5th of Jany I84I 
Sm, 

♦ ♦♦♦♦♦ ♦& 

I am also instructed by the President to say that he very much 
regrets the continued absence of Col Bee from Washington City, and 
that during the session of Congress there, his presence is indispen- 
sable. I am also instructed to say that this Government does not 
intend at present to make any further Overtures to Mexico, there- 
fore the Services of the Gentleman you recommend as Agent will not 

a See Reoords of Department of State (Texas), Book 38, p. 158. 

b The paragraph omitted here refers to Amory's salary and to the qneetion of purchasing certain books 
for the legation of the United States of Texas at Washington City. 



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COBBESPONDENCE WITH THE UNITED STATES. 73 

be required. Gen Lamar has been absent from the seat of Govmt 
since the 15th Ulto by leave of Congress, to go to New Orleans for 
Medical attendance. Judge Burnet as Vice President performs the 
fimctions of President. With great Respect I am your Obedient 
Servant 

Signed Jos Waples 

acting Secy of State 
To Nathaniel Amoby 

Secy Texa^ Legation 

Washington City 



Waples to Flood.<» 

Department of State 
Austin 28th January 1841 
In compliance with the request of the Honl. Charge d' affaires of the 
United States, the undersigned acting Secretary of State of the 
Republic of Texas, has the honoi; to furnish him a copy of the Treaty 
of Commerce and Navigation between the Republic of Texas and 
Great Britain 

The imdersigned avails himself of this occasion to give to the Hon. 
Charge d' affaires assurances of his high Consideration 

Signed — Joseph Waples 

To the Hon. 

Charge W affaires 

Of the United States 



Waples to Flood. ^ 

Department op State 
Austin 2nd February 1841 
The Undersigned acting Secretary of State, acknowledges the 
receipt of the note of the Hon. Geo. H Flood, Charge d'affaires of the 
United States, requesting a copy of the convention between the 
Kingdom of Great Britain and the Republic of Texas.* It would 
afford the undersigned great pleasure to comply with the request, 
but as the Convention has not yet been made pubhc, consequently he 
will have to defer it for the present, but will so soon as circumstances 
will admit take pleasure in complying with the request. 

a See Reoorcl& of Department of State (Texas), Book 38, p. 159. This note was in answer to that of Flood 
dated January 26, for which see Part I, p. 476. 
^ See Records of Department of State (Texas), Book 38, p. 160. 

c The request was of the same date as this letter. See Part I. Flood probably did not know that theie 
B three treaties between Texas and Great Britain waiting for ratification. 



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74 AMERICAN HISTORICAL ASSOCIATION. 

The undersigned begs leave to assure the Hon Charge d'affaires 

of the continuance of his regard and consideration. 

(Signed) Joseph Waples. 

To 

Hon 

George H Flood 

Charge d'affaires 

of the United States. 



Waples to Flood.<» 

Department op State 
Austin Srd February 1841, 

The Undersigned acting Secretary of State of the Republic of Texas, 
is constrained to express both his regret and surprise, at the *' disap- 
pointment" which his note of yesterday has occasioned to the Hon 
Mr. Flood, Charg6 d'affaires of the United States. The Hon. Charge 
d'affaires has certainly given a latitude to his conjectures, unwar- 
ranted by any thing that has transpired from this Government, when 
he was led to believe that the *' interest of his country is involved in 
the stipulations of England and Texas." 

The Undersigned is instructed to say to the Honorable Mr Flood 
that whenever the President shall deem it expedient and consistent 
with propriety, to give publicity to the ''Conventional Treaty between 
the Kingdom of Great Britain and Texas" the Charge d'affaires of 
the United States shall be furnished with a certified copy of it. 

The Undersigned repeats his sentiments of distinguished consider- 
ation etc. etc. 

(Signed) Joseph Waples 

To 

Hon Geo. H Flood 

Charge d'affaires 

of the United States, to the Republic cff Texas. 



Mayfield to Flood. ^ 

Department op State, City op Austin 

February 12th 1841 
Sm, 

I am instructed by the President of the Republic of Texas to 

acknowledge the receipt of your note of this date/ enclosing a copy 

a See Records of Department of State (Texas), Book 38, p. 160. This was In reply to the letter of Flood to 
Waples, dated simply February, Part L pp. 477-478i hnd flzet the date of that letter as February 2 or 3» 
t> See Records of Department of State (Texas), Book 38, pp. 162-163. « Part I, p. 47&-480. 



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COBRESPONDENCE WITH THE UNITED STATES. 75 

. of an indictment in the United States District Court for the Eastern 
District of Louisiana against William McQueen for being a flef aulter, 
and embezzelment under the Sub-treasury act, as Post-Master *'at 
New Orleans of the United States" of the North. I have the honor 
to beg that Mr Flood be assured that this Government feels every 
disposition to extend to the fullest degree the rules of international 
Courtesy with the Government of the United States of the North: 
but that this Government can see no suflScient reason for departing 
from the rule laid down in the Note of the Hon Abner S Lipscomb 
late Secretary of State relative to the case mentioned bearing date 
the 13th of December A D. 1840,** to which I would respectfully refer 
the Hon Chargfi d'affaires of the United States to the Republic of 
Texas. I am further instructed to say that the avowal of the Execu- 
tive of the United States of the North, that ''he is not empowered to 
deUver criminals to foreign Governments in the absence of Treaty 
stipulations to that effect'* would of itself preclude this Government 
from deUvering to the authorities of the United States the individual 
in question, so long as the Republic of Texas shall act upon the prin- 
cipal of full reciprocity. I am instructed nevertheless to assure the 
President of the United States, that the Government of the Republic 
of Texas, in the absence of all Treaty Stipulations to that effect, feels 
an anxious desire, to extend every friendly courtesy consistent with 
rules of entire reciprocity and the Comity of Nations: but in such a 
state of affairs, that She cannot countenance the establishment of 
a principle so general in its application, as in the case of McQueen, 
who is charged with an offence merely mala proMhita 

With Sentiments of respect, I have the honor to subscribe myself 
Respectfully, Your Obedient Servant 

James S Matfield 

Secty ofStaie 
To 

The Hon. 

Geo H Flood 

Chargi d'affaires 

etc. etc. 



Matfield to Bee.^ 

Department of State 
City of Austin Feby 17th I84I. 
Sir 

This undersigned in assuming the duties of this Department found 
on file several communications from the Secretary of Legation at 

« This was doubtless written in answer to Flood's note of December 12, 1840 (See Part I, p. 460-470), 
but no copy of it has been found. 

fr See Records of Department of State (Texas), Book 38, p. 16^-164. €/. note d, Part I, p. 484, which 
should now be deleted. 



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76 AMEBICAN HISTORICAL ASSOCIATION. 

Washington in relation to the unsettled question as to the Construe- . 
tion of tlfe Treaty between the Government of the United States and 
Mexico: and the obligation of the United States under that Treaty 
to restrain the Northern Indians residing on our borders. 

The President instructs me to inform you that in all probability 
it will be the most advisable to defer for the present any further dis- 
cussion of that subject: That you avail yourself of the most favorable 
opportunity to suggest, to the Secretary of State of the United States 
the importance, and mutual advantages to be derived to the respective 
Governments by establishing more definitely our relations and inter- 
course by farther Treaty stipulations. Independent of the high 
commercial advantages consequent upon reciprocal Treaty obliga- 
tions, the civil and criminal administration of the laws of the respec- 
tive Governments would be very much facilitated by properly tem- 
pered regulations relative to fugitives from justice, and public 
defaulters. It is the Presidents wish in presenting this Subject 
to the Secretary of State of the United States: that you will respect- 
fully, and zealously urge upon the Government of the United States 
the propriety of clothing the resident Minister of that Government 
here with power to Negotiate a Treaty with this Government. The 
facts, topography of the country, and all that appertains to our mutual 
relations with Northern tribes of Indians it is believed, can be perhaps 
more authentically obtained here, than at Washington City: More- 
over it would be an act of Courtesy at this juncture of our affaires, 
the tendency of which would inspire renewed confidence in the sta- 
bility of our relations foreign and domestic. Should the Government 
of the United States 3deld to this proposition, it is desirable that 
the Negotiation should be opened as early in the spring as possible. 
Your dispatch conveying the intelligence that you had represented 
to the Government of the United States the facts and circumstances 
connected with the outrage committed on the person of Gen Hender- 
son by his arrest at New York in the latter part of 1839 has been 
received, and the President instructs me to direct you to continue 
to represent in the most respectful, but decisive manner the subject 
to the Government of the United States, in conformity to your former 
instructions 

Herewith you will receive a copy of a communication froin Col 
William N Porter one of the Representatives from the County of 
Red River <* giving the evidence of the violation of the Jurisdiction 
of this Government, an outrage upon the laws and institutions of 
the same in wholly disregarding the rights and privileges of her citi- 
zens compromitting the friendly relations between the citizens of 
the Two Government residing near the line. This outrage it is 
understood was committed by a man named Ferguson a pubhc officer 

a Dated January 2, 1841. See Part I, p. 474-476. 



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CORRESPONDENCE WITH THE UNITED STATES. 77 

of the United States. The President feels assured that the Govern- 
ment of the United States will take steps to prevent a recurrence of 
such outrages, and punish the offending officer in the maimer pointed 
out by her pohcy and laws. We are in daily expectation of intelli- 
gence from Mexico. 

With Sentiments of esteem, I am Respectfully your Obt Sert 

J S. Matfield 
Col Barnard E. Bee 

Chargi d'affaires etc. etc. 



Mayfibld to Bee.* 

Department op State 
City of Aus^n March 22nd, I84I 
Sir 

Your Note of the 26th of January * the last dispatch received from 
the legation, was received about the first Inst, when the return of 
Gen. Lamar to the Seat of Government and resuming the functions 
of Chief Magistrate induced me to defer addressing you any further 
instructions. His views were known upon the subject of opening a 
negotiation with the Government of the United State: for forming a 
definite treaty of Amity, Commerce and Navigation; and embracing 
such other objects as may mutually interest both Nations. It is the 
wish of the President that you should, without delay represent in the 
most respectful and urgent maimer to the Government of the United 
States the importance of an early Negotiation relative to the several 
objects contained in my former note, in which the several matters now 
under consideration and discussion between the two Governments 
may be embraced, and definitively adjusted upon principles of entire 
reciprocity. It is moreover the Presidents earnest desire, that 
should the Government of the United States; accede to the proposi- 
tion to open a Negotiation at this time; that it should take place at 
this Capital, as early in the summer as practicable; and that the 
Minister resident here may be charged with the same, should he not 
be superseded by another appointment. 

You will therefore direct your attention sedulously to this object 
and independent of any suggestions that have been made, use such 
other and further reasons, as your judgment may dictate the most likely 
to secure this end. It is important to the United States as well as to 
Texas that our relations should be more accurately determined; at 
least so far as our commercial intercourse and Indian relations are 
concerned. In the first respect by properly regulated treaty stipu- 

a See Records of Department of State (Texas), Book 38, pp. 16^170. 5 See Part I, pp. 476-477. 



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78 AMEBICAN HISTORICAL ASSOCIATION. 

lations, many of those apparently unimportant causes, but of frequent 
source of contention and which sometimes ripen into motives for dis- 
turbing the harmony of the tv^ Governments, could be wholly 
removed; and all local or political jealousies, and animosities engen- 
dered, or arising on our respective frontiers obviated or allayed: To 
vdt, the right of ingress and egress with the Slaves or body Servants 
of the citizens of either Government should be established. And 
by such regulations any conflict of jurisdiction, or violation of the 
due exercise of it upon the final establishment of the boundary line 
could be provided against, and means of punishment provided if 
infringed. The obligations of the respective Governments relative to 
the Northern Indians would be more specifically settled, in the event 
of a disposition being manifested by any of their tribes to disturb 
the peace and harmony of either of the two Governments. 
I Our respective frontiers might be prevented from becoming the 
seat of an extensive system of smuggling aUke injurious to the morals 
of the citizens and the true interests of both Governments. 

These hints are thrown out, that you may fortify yourself with some 
arguments that might not otherwise occur to your mind; and doubt- 
less you will be able to urge other and more cogent ones than here 
indicated; for relying upon your zeal and the hvely interest you 
have ever manifested for your country, it is confidently expected that 
you will not fail to impress upon the Government of the United States 
the necessity of an early negotiation on this subject. 

For whatever motives of policy or reasons may have existed here- 
tofore to suffer our relations to rest upon the doubtful and contested 
interpretation of the treaty with Mexico and the treaty of recognition; 
our position has materially changed; being, as we are, on the eve of 
carrying into execution our treaties of Amity, commerce etc. with 
England and Holland, which may be found to change in some points 
our former relations with the United States. Judge Webb will leave 
in a few days for Mexico. If you can procure the correspondence 
between Mr Adams and Don De Onis relative to the boundary in 
1818-19. It is desirable you should send it to him at Vera Cruz. 

I avail myself of this occasion to renew to you assurances of my 
high consideration and esteem. Respectfully your Obedient Servant. 

J S. Mayfield 
Hon. 

Babnard E Bee 

Washington City. 



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cobeespondencb with the united states. 79 

Flood to Mayfield.<» 

Legation op the U. S. op N. A. 

TO THE Republic op Texas 

CUy of Austin March 25th 1841 
Sm— 

The undersigned Chargfi d'affaires of the United States of North 
America to the Repubhc of Texas, conceives it an imperious duty he 
owes the Government of his coimtry, superadded to the respect he 
must ever entertain for the sacredness and inviolability of the law of 
Nations, to apprise his Excellency the President of the Republic, 
through the Honorable Secretary of State, of an outrage, which the 
imdersigned believes to be flagrant in its nature and premeditated in 
its character. 

On the afternoon of yesterday, the Hon Alphonso De Saligny 
Chargfi d'affaires of the King of France, whilst in the act of visiting 
my family, at my lodgings, and when within the enclosure of the 
yard, was rudely and violently assaulted by Mr Richard Bullock of 
this City. 

I need not say to His Excellency the President, or the Honorable 
Secretary of State, that the indignity thus offered — voluntarily and 
premeditatedly — is as sensibly felt by the imdersigned as it must be 
by the Honorable Chargfi himself. 

The imdersigned from the well known and acknowledged character 
of his Excellency the President, for uprightness, intelligence and 
integrity — and from his laudable desire to harmoniously cultivate 
the relations that must exist between Nations allied by Treaty 
stipulations, and in the absence of which all intercourse must cease — 
doubts not, for a moment, he will promptly direct strict ^ measures 
to be taken for the redress of the grievances complained of, as are 
due to the parties and in consonance with the universally acknowl- 
edged Law of Nations. 

It is due to Mr Bullock to say, he called on the undersigned this 
morning, and disclaimed, in the most earnest manner, any intention 
on his part, to offer an indignity to the undersigned or his family. 
He certainly knew the Honorable Chargfi of France, visited no one in 
his house-hold but the undersigned and his family, and those visits 
daily in their character. 

a See Records of Department of State (Texas), Book 41, pp. 486-487. , 

^ This is possibly the copyist's error for ''such"; or it may be that "such" was simply omitted. 



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80 AMEBICAN HISTORICAL ASSOCIATION. 

The undersigned begs to assure the Honorable Secretary of his 
continued regard and trusts that harmony peace and good will may 
long characterize the course between their respective Governments. 
The imdersigned has the honor to subscribe himself 
Very Respectfully 

Your Obt. Servt. 

Geo H. Flood. 
To the Hon 

Jas S Mayfield 

Secy of State etc. 



Mayfield to Flood." 

Depabtment op State 
City of Austin March 29th I84I 
Sm: 

The imdersigned has the honor to acknowledge the receipt of your 
Note of the 25th Inst complaining of an "outrage flagrant in its 
nature and premeditated in its character" as it is alledged, inflicted 
in the afternoon of the 24th Inst on the "Hon A De. Saligny Charg6 
d'affaires of The King of France, whilst in the act of visiting your 
family'' at your lodgings and when within the enclosure of the yard, 
who was rudely and violently assaulted by Mr Richard Bullock of 
this City. 

From the statements contained in your note; as also from the 
relation of the affair complained of, as given by Mr. Saligny, in the 
note which I had the honor to receive from him of the same date the 
indignity as alledged appears to have been solely directed against the 
Hon. Mr Saligny without reference to Mr Flood or his family 

The President however much he may regret the occurrence of that 
evening, and the acts complained of which for a time might seem to 
threaten a disturbance of that cordial and harmonious feeling which 
he hopes will ever characterise the relations of those Governments, 
which have given such unequivocal proofs of their friendship and 
sympathy for the Government of Texas as the United States and 
France; cannot conceive nevertheless how the subject can form the 
just ground of complaint upon the part of Mr. Flood. For it appears 
that Mr. Bullock '* disclaimed in the most earnest maimer, any inten- 
tion on his part to offer an indignity to the Hon Chargfi d'affaires of 
the United States or his family." 

The undersigned regrets that an occasion should have arisen, which 
could for a moment [have] induced Mr. Flood, to feel himself identi- 
fied or embraced in a question involving alledged outrages upon the 
person and household of Mr Saligny Chargfi d'affaires of France; 

a See Records of Department of State (Texas), Book 38, p. 17&-176. 



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COBRESPONDENCE WITH THE UNITED STATES. 81 

which has grown into a matter of serioua complaint and anxious 
sohcitude. 

I avail myself of this occasion to renew to Mr. Flood assurances of 
the great consideration with which I am Very respectfully 
Your Obt. Servant 

J S. Mayfield 
Hon George H Flood 

ChargS d'affaires. U, S. 



Flood to Mayfield.* 

Legation of the U. S. N. A. 

Republic of Texas 

Austin March SlsL I84I, 
Sib: 

I have the honor to acknowledge the receipt of your note of the 
29th instant in answer to mine of the 25th. 

I am wholly at a loss to understand by what process of reasoning 
or even construction of language you arrive at the conclusion that I 
feel myself ''embraced in a question involving alleged outrages upon 
the household of Mr Saligny Chai^6 d'aflFaires of France'' — ^for on no 
occasion have I expressed an opinion in relation to any difficulty 
between citizens of the Repubhc and the ''household" of the Hon- 
orable Chargfi of His Majesty, the King of France. I must there- 
fore, most respectfully decline the position [in which] your note 
assumes to place me, in relation to this matter. 

In my communication to you of the 25th, I complained of but a 
single circumstance — the unwarrantable attack of Mr Bullock upon 
the person of my distinguished guest, while in the act of visiting my 
family at their lodgings. The indignity, I thought, reflected quite 
as much upon me as it possibly could upon Mr Saligny, and in this 
opinion I hesitate not in believing the Government of my country 
will sustain me 

I extremely regret His Excellency, the President, "cannot con- 
ceive how the subject can form the just ground of complaint upon the 
part of Mr Flood'' for shortly after the transaction occured he both 
entertained and expressed a different opinion. 

I again renew the assurance of my continued regard and have the 
honor to subscribe myself. 

Very Respectfully Your Obt. Servt. 

Geo. H. Flood. 
To the. 

Hon J. S Mayfield 

Secey. of State etc. etc. 

a See Records of Deportment of State (Tbxas), Book 41, p. 489. 
39728**— VOL 2, pt 1—11 6 



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82 amebican histobical assocution. 

Matfield to Bee.* 

Department of State 
City of Austin 20th April I84I. 
Sm 

The undersigned Secretary of State of the Republic of Texas has 
the honor to acknowledge the receipt of your dispatch of the 7th of 
March last,* which together with yours of the 25Ui*^ of January have 
been submitted to the President for his determination thereon. For 
the reasons suggested by you, it was deemed advisable to defer the 
further discussion of the subject of our Indian relations, and the mat- 
ters connected with that question until the new administration of the 
United States came into office. That event having occurred the 
President wishes you immediately to call the attention of the Gov- 
ernment of the United States again to that subject. By reference 
to the discussions that have at yarious periods been held relative to 
the Treaty of 1831 with Mexico,** it will be seen that the United States 
Government, has uniformly when her interest was involved assumed 
the position, that that Treaty in all its parts was binding and obliga- 
tory upon the Republic of Texas. Without questioning the rules of 
international law, which could admit of such an interpretation of the 
Treaty, this Government acquiesced in the position assumed; and 
in 1838 by a proclamation of the President the provisions of the 5th 
and 6th Articles of that treaty were declared in force and have been 
observed by the authorities of this country to the great detriment of 
our revenue. 

Under the Construction given by Mr. Forsyth to the 33rd article 
of that Treaty Texas would not be receiving an equivalent, for the 
sacrifices she suffers in her revenues; by allowing Vessels belonging 
to the United States to enter our Ports free of Tonnage duty. To 
arrive at a fair interpretation of that instrument the whole should be 
construed by its several parts and articles, by which means its true 
spirit and intention may be more accurately defined. It will be 
found that concessions, and privileges are contained in many of its 
clauses and provisions in many of its articles of which there cannot 
be found a sufficient guarantee or equivalent secured in the same 
article. This naturally arose from the relative strength, commerce, 
and political condition of the contracting parties at the time of mak- 
ing the Treaty, as will be seen by reference to the articles cited. 

The United States at the time had an extended commerce, and 
heavy Shipping. Mexico on the contrary (and with but remote pros- 
pects of improvement) was limited in her commerce, and yet more in 

a See Records of Department of State (Texas), Book 38, p. 178-181. 
^ Amory to Majfleld, of the date given. See Part I, pp. 481-484. 
c The 26th; the dispatch Is Bee to Lipscomb of this date. 
d See Treaties and CofMentitme of the UnUed Stales, etc., 604-676. 



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CORRESPONDENCE WITH THE UNITED STATES. 83 

her shipping. The mutual guarantee then as to tonnage and other 
charges enumerated in the "5th and 6th*' articles of the Treaty can- 
not be said to secure to Mexico an equivalent, as it was apparent and 
must for years Continue that the whole trade of Mexico with the 
United States upon the Gulf would be carried in American bottoms. 

Again the United States was established in all the Departments of 
the Govenm\ent. Union and harmony prevailed throughout the 
whole, with a large standing Army, and an Organized Militia, and 
overflowing Treasury. Mexico on the other hand, was cut up into 
political parties, distracted in her MiUtary Strength and organization. 
She evidently sought to secure to herself an equivalent in the 33rd 
Article of the Treaty for the advantages obtained for the American 
shipping interest in the 5th and 6th articles of the same. Independ- 
ent of those considerations, the United States was bound upon prin- 
ciples of Justice aside from any treaty stipulations upon the subject, 
to guard the Government of Mexico, her citizens, or territory from 
hostiUties or incursions from those various tribes of Indians, which 
by her policy she was establishing on the immediate borders of the 
latter. Taking this view of the subject, which it is believed is the 
just one, supported by the relative miUtary and political position of 
the contracting parties, as well the natural and poUtical obligations' 
reciprocally resting upon both parties, it is difficult to conceive how 
the words of that instrument can admit of the construction given by 
Mr Forsyth, or in what respect the Executive of the United States 
is wanting "the legal power to check or restrain by force the volun- 
tary and peaceable M^ations of Indians" etc. 

The 33rd article imposes several distinct obligations, and em- 
braces as many distinct stipulations It is first agreed '' that the two 
contracting parties, shall by all the means in their power maintain 
peace and harmony among the several Indian Nations who inhabit 
the land adjacent to the lines and rivers which form the boundaries 
of the two countries.'^ This first stipulation, of itself impUes too 
plainly to be misunderstood, the exercise of MiUtary force, should it 
become necessary to answer the objects contemplated, ''peace and 
harmony among the several Indian Nations who inhabit etc" by all 
the means in their power which become imnecessary words unless 
force for the accomplishment of the end^ sought could be resorted to. 

The next clause of the Article however it is beUeved leaves no room 
for a doubt, or obstacle in the interpretation or just understanding 
and intention of the two contracting parties relative to the obliga- 
tions reciprocally imposed by that article; for as will be seen it is far- 
ther stipulated ''The better to attain the objects of maintaining peace 
and harmony etc" b9th parties bind themselves expressly to restrain 
by force all hostilities and incursions, on the part of the Indian Na- 
tions living within their respective boundaries Here then is an 



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84 AMEBICAN HISTORICAL ASSOCIATION. 

express and palpable stipulation of the most sacred and binding char- 
acter, as between nations, to reciprocally, not only to restrain by force 
all hostilities, but incursions '* Voluntary and peaceable" or of what- 
ever kind, of the Indians Uving within the respective boundaries of the 
two Nations. If such a restraint is not held over the Indians belong- 
ing to the United States, it may be asked, in what manner can that 
Government fulfil the obligation imposed by that Treaty if binding 
between the Government of the United States and the RepubUc of 
Texas, when in the same article under discussion they bind them- 
selves not to suffer their Indians to attack the Citizens of the United 
Mexican States nor the Indians inhabiting their territory" unless by 
a resort to force to confine them within the limits designated by the 
former Government or their future abode under the policy adopted 
by that Government in the removal of the Several tribes west of the 
Mississippi? Otherwise the territory of Texas might easily become 
the hunting grounds of the numerous hordes of Northern Indians 
established on our immediate borders through the poUcy of that Gt)v- 
emment, and our citizens an easy prey to the tomahawk and scalping 
knife of the restless savage, and their property a luring bait to the 
enactment of scenes appalling to humanity and the United States a 
witness to the scene, and not an arm extended to stay it; because the 
Migration of the Indians to our territory was under the guise of a vol- 
untary and peaceable removal, and their "nomadic habits interposed 
obstacles to the restraining of them within their own territory and 
the limits designated them. From the well known character of the 
various Indian Nations, it has long since been amply demonstrated 
to the American people that persuasions and treaties have had but 
little influence in curbing (with some exceptions) the wild and savage 
habits of those tribes; and that a ready, or absolute demonstration of 
force, has alone been adequate to restrain them from predatory war- 
fare, and predatory incursions upon their neighbors. All of which 
considered, it is not conceived that the treaty by any construction of 
language or rules for the interpretation of treaties is admissible of the 
construction intimated by the Government of the United States. 

The undersigned has been thus full, without resorting to all the 
arguments that might be adduced which must readily suggest them- 
selves to your mind, as the President is soUcitous that the discussion 
of this question should be definitely determined, and the extent to 
which the United States will go clearly ascertained. It will be recol- 
lected that she has on a former occasion in 1836, claimed I beUeve 
the right of occupying the territory of Texas with an armed force, in 
order fully to enable her to fulfil the obligations (as it was alledged) 
imposed upon her by the article in question. ^ 

The President however with a view to guard against all future 
contingencies as well as to secure to the Government of Texas a just 



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COEBESPONDENCE WITH THE UNITED STATES. 85 

reciprocity and correspondence in her political and commercial rela- 
tions, deems it advisable that the necessary preparatory measures 
should be adopted to put a termination if binding at all to the stipula- 
tions of the treaty so far as relates to commerce and Navigation. This 
line of policy becomes the more imperative since the Government of the 
United States evades as it is beUeved the plain and obvious obliga- 
tions pointed out in the 33rd article of the Treaty. In the opening 
of Spring we may again expect predatory bands of Indians from the 
United States, to prevent which this Government is not advised that 
the Government of the United States have taken any precautionary 
measures. 

Persuasions have hitherto had but Uttle influence over the Indians 
residing on our borders. Besides under the present system, our 
revenue is materially crippled, and our duties placed upon a basis 
highly detrimental to the public interest. In view of all the circum- 
stances I am directed by the President, to instruct you, to formally 
notify the Government of the United States; of the intention of this 
Government to terminate the stipulations of the Treaty so far as 
relates to ''Commerce and Navigation". This notification you will 
give in Conformity to the 34th article of the Treaty, confining your 
attention to the objects therein specified. 

The President approves of the correspondence you have opened 
with the ChevaUer d'Ai^aiz Envoy extraordinary and Minister Pleni- 
potentiary of her Catholic Majesty the Queen of Spain;* and desires 
that you will keep the Government informed of the nature, and spirit 
with which the propositions have been received, by the Government 
of Spain independent of the considerations urged in your communi- 
cations to the ChevaUer d'Ai^aiz. Texas would become an active 
Competitor in furnishing to Spain, and Cuba, many of those articles 
of import which are now monopolized by other quarters of the Globe. 

You will receive as soon as the disposition of her Catholic Majesty 
is ascertained detailed instructions to guide you in a negotiation aUke 
important to the Commerce of Texas and Spain. In the mean time 
you will endeavour to obtain the earUest information consistent with 
the relations you bear to the ChevaUer d'Argaiz. 

Herewith you will receive the petition of Doctr Robertson of this 
City relative to the capture of his Negroes. It is believed that the 
stipulations of the 33rd article of the Treaty will cover this case; as 
by the laws of Mexico Slavery was not tolerated. This subject you 
wiU caU the attention of the United States to, and urge the propriety 
of taking efficient measures for the restoration of the slaves mentioned 
It will be seen from the multipUcity of cases accruing, giving rise to 
the mutual interpretation of both Governments that the Government 
of the United States will not longer delay entering into a negotiation 

a See Amory to Secretary of State, March 7, 1841, Part I, p. 481-484. 



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86 AMEBICAN HISTOBICAL ASSOCUTIOK. 

defining by express treaty stipulations the cojuxaercial and political 
relations of the Two Governments; more particularly when the Treaty 
alluded to it is subject to such doubts, and interpretations aa seem 
to have been placed upon it. 

We have received advices from Gen Hamilton to the 3rd March.* 
Judge Webb has sailed for Mexico, and we anticipate that he will 
receive a favorable reception, and [that there will be] a speedy termi- 
nation of our difficulties with Mexico. The President will convene 
Congress about the middle of June; which fact you will communicate 
as speedily as possible to Gen Hamilton. 

I have the honor to be with sentiments of regard. 
Very Respectfully 

Your Obt Servant 

J S Matfield 
To 

Col Barnard E Bee 



Mayfield to Amort.* 

Department op State 

Austin April 2Jtih I84I 
Sir 

Intelligence reached us to day of the melancholy event to the United 
States in the death of Gen. William Henry Harrison late President of 
that Government. In honor to his Memory, and to the Government 
over which he presided as Chief Magistrate only for the brief period 
of one Month, until death relieved him of his cares, our flag is flying 
at half mast, and salute Guns^ are firing every thirty minutes, until 
sunset. Col Bee's letter of April 6th to Judge Burnet ^ mentions 
his intentions of visiting the South until the extra session. In the 
mean time the President directs that you will seduously urge upon 
the Government of the United States the necessity of immediately 
opening the negotiation for a treaty. This Department is not yet 
notified that the attention of the Government of the United States 
has been called to the Subject. If it is concluded on the part of that 
Government to open the negotiation at Washington it is important 
that this Department should be speedily informed thereof, in order 
that the necessary instructions should be forwarded to the Legation 
at Washington City. 

The reasons that have hitherto been furnished you, together with 
the reasons connected with the difficulties attending a due under- 
standing of the stipulations of the treaty, will it is hoped, together 

a See Hamilton's letter of that date in the Correspondence with France. 
^ See Beoords of Department of State (Texas), Book 38, p. 181-182. 
cThis letter has not been found. 



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COBBESPONDENCB WITH THE UNITED STATES. 87 

with such arguments as may naturally be suggested to your mind, 
enable you to induce the Government of the United States to enter at 
once upon the negotiation, whereby it is believed our relations can be 
more satisfactorily determined, and upon principles of entire reci- 
procity. 

In your intercourse with the Secretary of State, you may find it 
more advantageous, and better calculated to facilitate a determina- 
tion of the question to seek as often as possible a personal interview, 
and discuss the question verbally with Mr Webster, taking care always 
to reduce to writing the substance of the conversation held at such 
interviews. 

The difficulty of answering or replying to any objections that may 
be taken, and of discussing the details of any given question by 
written communications, renders the discussion prolix and tedious; 
and in this matter it is becoming a question of no inconsiderable 
importance not only to the agricultural and commercial interest of 
this coimtry, but particularly so, as far as relates to our revenue, and 
the Indians on our borders. 

These remarks are thrown out as hints; as the manner of conducting 
the discussion of this questiou must be determined by you. It is 
desirable that you should not fail to communicate the earliest infor- 
mation of the conclusion of the Government of the United States on 
this Subject. 

I am Dear Sir, with sentiments of esteem. 
Your, Obt. Servant 

J. S. Mayfield. 
To Nathanl Amory 

Secretary of Legations Washington City. 



Secretary op State op the United States [Webster] to Eve.** 



Roberts to Bee.* 

Department op State 
City of Austin June 21 st I84L 
Sir 

Soon after assuming the duties of Acting Secretary of State several 
communications from Mr Amory of the 12th, 14th, 19th, 23rd and 
30 th April « were received from Mr Mayfield who was then at 
Houston and who stated in his letter accompanying them, that he 
had '^ answered them" but omitted to send to the Department a 

a Jtine 15, 1841. See Eve to Waples, February 27, 1843, in Correspondeiice with the United States. 
b See Records of Department of State (Texas), Book 38, p. 192-195. 
e That of the 12th was fh>m Bee. For aU, see Part I, pp. 484-494. 



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88 AMEBICAN HISTORICAL ASSOCIATION. 

copy of his reply, having accidently left it at Galveston. Presuming 
that Mr Mayfield's reply to your several Communications was full 
upon every point, on which you wished for information or instruc- 
tions, I do not consider it necessary to do more than acknowledge 
their receipt. 

More recently Mr Amory's communication of the 20th May," has 
been received The formal announcement to the Government of the 
United States contained in that letter, of the resolutions of this 
Government to terminate the Treaty of the 5th April 1831, between 
the United States and Mexico, so far as it is binding upon the United 
States and Texas, in all matters relating to Commerce and Naviga- 
tion, as soon after the date of said communication as is compatible 
with the provisions of the 34th article of said Treaty, renders it 
highly important that a substitute should be provided at as early a 
day as possible. It seems quite evident from what has fallen from 
Mr Webster in the personal interviews you and Mr Amory have had 
with him, that he will not consent that the treaty should be made 
here. It will therefore be of vast importance to us to know dis- 
tinctly, as far as you can ascertain by conversations with Mr Webster, 
or otherwise, which, or how many of the principal features we wish 
to incorporate in the Treaty, they will make most difficulty in grant- 
ing and what will probably go without question. There seems to be 
three distinct and separate heads or branches, under the one or the 
other of which, every topic that will probably enter into the con- 
templated treaty will be naturally considered. Viz: 1st. The free 
Navigation of the border rivers, The Sabine and Red Rivers to the 
Sea, 2nd Our Indian Relations, 3rd Our Commercial and Maratime 
relations on the high Seas. 

This Department is not informed, whether the Grovemment of the 
United States will contest the first point or not, but as it is one of 
great and growing imj>ortance to a very large and wealthy portion 
of our citizens, it should no longer be permitted to remain in doubt. 
In a similar case in the early history of the United States, the position 
which that Government took is well known, one of the very first 
questions which was raised after the close of their Revolutionary war 
with Spain, was upon the subject of the Navigation of the Mississippi. 
The position then assumed by all the Diplomatic Agents of the 
United States, who had occasion to touch upon this subject, was 
their "natural right to the free Navigation of the Mississippi to its 
entrance in to the sea." ^ The Congress too on several occasions, 
asserted their claim in strong and emphatic language. One resolu- 
tion particularly may be mentioned. On the 16th Septr 1788 the 
United States in Congress assembled, Resolved "That The free 
Navigation of the Mississippi is a clear and essential right of the 

aSeePartI,p. 494H96. 

ft Cf, American State Paper; Foreign Relatione, 1, 251-263, paeeim. 



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CORRESPONDENCE WITH THE UNITED STATES. 89 

United States, and that the same ought to be considered and sup- 
ported as such". And in the resolution which followed, a stop was 
actually put to the negotiations with Spain and the whole matter 
referred to Congress, because of the unwavering pertinacity, with 
which Spain Clung to her claim of the exclusive right to the use of 
that river. 

The conduct pursued by the United States throughout that con- 
troversy, is a matter of history to be found in all their public records. 
And as their clainv there was founded in reason and supported by 
strong and unanswerable arguments, it is presumed its reasonableness, 
will not now be denied. 

The position which the United States then occupied towards Spain, 
we now occupy towards her precisely, as far as the Navigation of the 
Red river is concerned. As regards the free Navigation of the Sabine, 
the question is a little varied; but not it is thought materially. The 
United States own to the Western bank below the 31°^ N latitude, 
above that the River is entirely our own, so that our claim is stronger 
in this case than in the former. In fact the bare supposition that our 
right to the free navigation of the Sabine will be questioned, seems a 
violent one, and the only object to be attained in introducing it into 
the Treaty is to shut up the door against all future doubt. I have 
not been able to ascertain whether the right of this country to the 
free navigation of the red River has ever yet been formally called in 
question by the Grovemment of the United States; but murmurs and 
complaints from among our own citizens begin to be frequent of 
seizures and detentions of Texan produce by the authorities of the 
United States above and below Natchitoches. Our settlements on 
the upper part of the Red River renders it necessary that this matter 
should be definitely settled, at the very earliest possible date. The 
right to the free navigation of this River ought never to be abandoned. 
The Mode only of exercising it should be specified in the Treaty. 

In regard to our Indian relations, it would be diflBcult it seems to 
me> to place them upon a fairer or more equitable footing than the 
one they already occupy in the 33rd article of the Treaty between 
the United States and Mexico, which Treaty both Texas and the 
United States have tacitly acknowledged to be mutually binding. A 
little more precision might perhaps be given to certain expressions in 
it, if there be any reasonable doubt as to their true meaning, a doubt 
which however, I have never entertained myself. In this I perceive 
I differ with Mr Mayfield who thinks that the word "incursions" as 
used in the Treaty means ''peaceable" as well as "warlike" incurs 
sions — ^an interpretation which I think is Contradicted by the Con- 
text. I do not conceive howef er that it matters much which is the 
true interpretation. The Treaty will expire in May next at any rate, 

« Properly 32'*. 



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90 AMEBICAN HISTORICAL ASSOCIATION. 

and before that time it is hoped a new one will be formed. The 
mutual obligations of the two Governments to restrain their Indians 
from making war or committing depredations upon the citizens and 
property of their neighbors, is to my mind a natural one. It follows 
of course from their claims of sovereignty. The Indians residing 
within the limits of the United States, and under their avowed juris- 
diction, are, so far as all foreign powers are concerned, *' Citizens" of 
that Country, and no nation will be permitted to enquire into, or 
intermeddle with, the manner in which they are governed, and that 
every government is bound to restrain their Citizens from making 
war on a friendly power, needs only to be asserted to be universally 
accorded. The Same reasoning is o^ course equally applicable to 
this Government. If this principal be acquiesced in by the United 
States, there can be no serious difficulty in the way in pointing out 
in what maimer restraints shall be exercised. When Indians are at 
peace with the power, within whose limits they reside, and make 
war upon the other contracting power, it ought to be the bounden 
duty of the former, to send such a Military fore© against such Indians, 
as wiU be sufficient to disarm them, and to capture the principal 
offenders, who should be given up for punishment to the aggrieved 
party. And if such Indians are pensionaries of the power within 
whose limits they reside, their pensions ought for a limited period 
to be cut off, and remuneration made for the damages doniB by said 
Indians. But if any tribe or tribes of Indians are first at war with 
the power within whose limits they reside, and afterwards make war 
or hostile incursions upon the territory of the other contracting party, 
all that either party could in justice require of the other, would be 
the sending of such a Military force against them as the protection 
of their own territory and Citizens would demand, without being held 
responsible for any property taken off or destroyed by the Indians. 
One other point only presents itself on this subject Viz: the obliga- 
tion on the part of the United States to remove such of their Indians 
from our territory as have emigrated from theirs. 

We may well insist that this duty on their part is clear and un- 
questionable so far as relates to all such Indians as have come into 
our territory since our separation from Mexico, as well as to those 
who came here prior to that period without the sanction or permis- 
sion of the Supreme power of Mexico and this upon such obvious 
principles that it is not thought necessary [to] enumerate them. But 
that there is another obligation on the part of the United States to 
remove such as came here by permission of the Mexican Authorities, 
anterior to the date of our declaration of Independence, and while 
we were yet of course an integral part of the Mexican Confederacy, 
may well be doubted; and by the last administration of the United 
States I recollect, was expressly denied. How far the present 



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COEBESPONDENCE WITH THE UNITED STATES. 91 

administration will be willing to go, will be for you to ascertain, 
which may best be done, at personal interviews with the Secretary 
of State. 

There seems no necessity of specifying by name, what tribes of 
Indians are meant to be included in the Treaty. The principle once 
settled, will embrace aU residing in the respective limits of the two 
Governments. 

As regards the Third principal point, little need be said about it in 
this letter, which is intended rather to direct your attention to the 
particular subjects to be considered in the contemplated Treaty, 
than to instruct you conclusively and finally on them. This could 
not be done at all, without risking an inconsistency in the instruction 
given by this Department, until a copy of Mr Mayfield's last com- 
munication to you is obtained,^ and ought not to be done until this 
Department is better informed of the views intertained by the gov- 
ernment of the United States on some of the most important points. 
Entire reciprocity is all that either government ought to, and I pre- 
sume does expect. What amounts to reciprocity has been so long, 
and so well settled by numerous Commercial Treaties between differ- 
erent nations, that there are few or no principles left in doubt. 

It seems but fair that as the United States are to have all the 
benefit of treating at home, where they can have frequent reference 
to the proper Departments for information and instruction; that we 
should be entitled to something like an equivalent. It is proposed 
therefore, that the Government of the United States, after being 
fully advised of the principal points which this government desires 
to settle by the Treaty, submit a sketch of such a Treaty as they are 
willing to make to you as the representative of this government. 
The only advantage we could expect to derive from their compliance 
with this proposition, would be, that it would save much time, as the 
fewer points there are left in dispute, the less time will be required to 
settle them. We oflfer, provided they will consent to make the 
Treaty at Austin, to do what we require of them. 

It is hoped that as soon after the receipt of this letter as possible, 
you will give this Department all the information you may be able 
to obtain upon the different subjects presented, as well as the answer 
of the United States Government to the last proposition. 

In whatever this letter may conflict with Mr Mayfields last com- 
munication to you from Galveston, this must yield, and his will be 
your instructions, the reasons for this is obvious to you. 

The Santa F6 expedition took up the line of march from the en- 
campment on Brushy, distant about twenty miles, on the morning 
of the 20th Inst. The Military under Command of Brevet Brigadier 

a liayfield's last oommnnlcation on the subject seems to have been from Galveston (see the first p«n>- 
grq>h of this letter), bat it has not been found. 



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92 AMERICAN HISTORICAL ASSOCIATION. 

General Hugh McLeod, consists of five companies mounted infantry 
and one of Artillery. A caravan of Merchants with goods suited to 
the market drawn in waggons accompanies the expedition under the 
protection of the Government. The instructions given by this 
Department to the Commissioners are to the effect. That they are to 
endeavour to prevail upon the people of New Mexico resideing within 
our limits^ to submit quietly and peaceably to an incorporation with 
us, and to acknowledge our right of Jurisdiction to the fullest extent. 
This being accomplished our revenue laws are to be put in force at 
once and a small Military force kept up there for the purpose of 
repelling any sudden attack of the Mexicans or Indians." A Commis- 
sioner is also appointed to reside at Santa F6 as the representative 
or agent of this Government, with special instructions for his guide.* 
No further alterations are contemplated either in their laws or form 
of Government, than are absolutely necessary, from the alteration in 
their affairs, by a change of their allegiance. It is expected that a 
part of the expedition will return to this City as early as the 15th 
of Novr. next, and will probably bring delegates to our Congress. 

I neglected to mention above one other subject which it would be 
well to sound the United States Government upon. I mean the 
granting by each government to the Citizens of the other a free 
introduction of a limited number of slaves when taken as servants, 
for the purpose of attending on their masters or owners, and not for 
hire or sale. This is a delicate topic and will therefore require very 
nice management. You must exercise your own Judgment in ascer- 
taining what effect the introduction of such a feature into the 
Treaty, would have upon it in the Senate. It would not do to 
hazard the whole Treaty for the accomplishment of an object com- 
paratively insignificent. I only call your attention to this, as I 
have to the other topics embraced in this letter, reserving more 
particular instructions, for Mr Mayfield on his return to the Seat of 
Government. 

I have the honor to be 
Very Respectfully 

Your Obt Servt. 



To Hon Barnard E Bee. 

i Washington, 



Saml. a Roberts 
Aclin^ Secy of State. 



a For the instructions, see Roberts to Cooke and others, June 15, 1841, in Correspondence with Mexico. 
b See Roberts to Cooke, June 15, 1841, in the Correspondence with Mexico. 



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correspondence with the united states. 93 

Roberts to Bee.** 

Department of State 

July 8th 1841. 
Sir: 

Since my last letter to you, Mr Ainory's favor of the 12th ult. has 
been received to which no particular reply is necessary. We are 
anxiously expecting further advices from you upon the subject of the 
contemplated Treaty. The President is extremely anxious to have 
that business closed before the meeting of Congress if possible, and 
at any rate before the expiration of his term of office. A Treaty upon 
a basis of strict reciprocity cannot be a bad one, and with no other 
guide you might confidently proceed to the discussion of the different 
articles. The protracted absence of Mr Mayfield has prevented any 
more specific instructions than the hints contained in my Communi- 
cation of the 21st June last. 

I have reason to believe that some of the original drafts of our 
earliest public papers were taken on to Washington City, and are 
now on file in some of the Departments there, probably the war 
[Department]. The journal for several days of the proceedings of the 
Convention, The original Constitution et<5. are all missing 

These papers if there, will doubtless be given up with pleasure by 
the Government of the United States. The mode of making the 
application, can be best judged of by you. Your particular atten- 
tion is called to it as a matter of interest in the future history of this 
Country. 

I enclose a communication for Genl. Hamilton ^ wliich I wish 
forwarded by first safe opportunity. The letters and the papers 
accompanying it are left unsealed that you may first read them. 
They will fully advise you of all that has transpired up to this time. 
When I wrote last night to Gen H. I thought I should accompany 
Genl Lamar to Galveston. I think now it will not be necessary. 
Genl Lamar will go down alone, and either he or Judge Webb will 
inform Gen Hamilton of all that will be necessary for him to know. 
I have the honor to be with high regard 
Your Obt Servt 

Saml. a Roberts 
Acting Secy of State, 

The Hon 

Barnard E Bee 

a See Records of D^Mirtment of State (Texas)^ Book 38, p. 106-197. 

fr Roberts to Hamilton, July 5, 1841. See Correspondeiioe with Great Britain. 



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94 american historical association. 

Roberts to Eve.« 

Department of State 
City of Austin August llih I84L 
Sm. 

I had the honor of receiving this morning your letter from Gal- 
veston of the 31st Ult. addressed to the Secretary of State, with the 
papers mentioned to be enclosed in it.* 

Unfortunately our Mail arrangement is such as to leave but one 
entire day between its arrival and departure, which usually renders 
it impossible to do any more than to acknowledge by the return of 
the post, the receipt of any communication of the important character 
which yours possesses. 

It will however be immediately laid before the President, and I 
flatter myself, that such order will be taken respecting the subject of 
your request, as will prove satisfactory to you. 

I avail myself of this occasion to tender you assurances of my 
distinguished consideration, 

Saml. a Roberts 
Actijig Secy of State 
Hon Joseph Eve 

Charge d'affaires of the 

United States, 



Roberts to Eve.* 

Department of State 
Austin August 17ih I84I. 
Sir: 

Your communication of the 31st ult, the receipt of which was 
acknowledged in my note to you of the 11th Inst, has been submitted 
to the President and I have his instructions to make the following 
reply. 

Among the papers accompan[y]ing that communication is a cer- 
tified copy of an indictment "found by one of the Criminal Courts 
for the State of Louisiana'' against one Moro Philips for stealing 
two negro Slaves in the said State of Louisiana, and who, it is alledged, 
has "fled with them to the Republic of Texas". 

In a subsequent part of your communication you say — "In the 
absence of a Treaty stipulation with the two Governments, upon the 
subject of fugitives from justice, I am aware that the surrender of 
Philips cannot be claimed as a matter of right. It has however been 
understood and believed in the United States that the Government 

a See Records of Department of State (Texas), Book 38, p. 197. 

h For the letter and enclosures, see Part I, pp. 504-506. 

• See Records of Department of State (Texas), Book 38, p..l98. 



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CORRESPONDENCE WITH THE UNITED STATES. 95 

of Texas, from feelings of comity which exist between the two 
Republic's, would not be disinclined to surrender to the proper 
authorities fugitives from justice from the United States,'' and that 
you are "therefore instructed by the Government of the United 
States to request through you (me) that the Government of Texas 
surrender the said Moro Philips to the proper authorities of Louisi- 
ana." Whatever may be the "feelings" which this Government 
entertains on this Subject, the avowal of the accredited agent of the 
United States on a recent occasion, when making a similar demand 
of this Government, " that the Executive of the United States is not 
empowered to deliver Criminals to foreign Governments in the 
absence of Treaty stipulations to that effect"** would of itself be 
amply sufficient to justify the President in refusing to comply with 
your request even if his constitutional right to do so, was clear and 
unquestionable; for it surely cannot be expected of one nation, to 
exercise an act of international courtesy, when it is distinctly informed 
beforehand that the same act, under similar circumstances would not 
be reciprocated. I do not mean now to intimate, what course this 
Government would have pursued if the case had been differently 
presented. I know of no public act or declaration on the part of this 
Government, which authorizes the inference that it (the Government) 
would not be disinclined to surrender to the proper authorities, " fugi- 
tives from justice from the United States" nor indeed do I understand 
you as deducing your inference from any such authority. If I am 
mistaken in this you will correct me. But even then the President 
would feel himself clearly absolved from any obligation he might 
otherwise have felt himself under, by the official avowal of the policy 
as above quoted, which the Executive of the United States would 
pursue in like cases towards this Government. 

In no view of the case does the President then feel that he is called 
on to deliver to the United State, Moro Philips, who, it is alledged, is 
a fugitive from justice; and I am therefore instructed by the Presi- 
dent to inform you that he declines, for the reasons above given, 
complying with your request. 

It affords me much pleasure Sir, to furnish you with a copy of the 
Treaty between this Government and France, as you request. It is 
sent with this Communication. 

I avail myself of this occasion to renew to you assurances of my 
high regard and consideration. 

Saml a Roberts 
Acting Secy of State, 
Hon Joseph Eve 

Charge d'affaires. U. S. A. 

a See Flood to Burnet, February 12, 1841, Part I, pp. 47S-479. 



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96 american historical association. 

Roberts to Bee.« 

Department of State 

Austin 7th Septr 184L 
Sir: 

Your communication of the 31st July was received by the last 
Mail, and with it, a copy of your note to Mr Webster on the sub- 
ject of the contemplated treaty with the United States.^ A short 
time previous to this, yours of the 13th July to this Department'' 
also came safely to hand. In this last you mention that you are 
entitled to a reply from Mr Webster to your note of the 19th May 
relative to Indian encroachments.** This subject is becoming a 
very interesting one to the people of this country, and it is earnestly 
hoped, that you will receive a speedy and satisfactory reply from 
the Government of the United States. Doctor Robertson whose 
negroes, you will recollect, were taken by the Indians, and were 
subsequently found to be held by persons residing within the ter- 
ritory of the United States (the evidence of which was furnished 
to you from this Department on the 20th April) has already gone to 
great expense in the pursuit of his property; and has been damaged, 
by the loss of time etc. to an amount, that even a prompt restitution 
of his property could not repay. But if it is delayed much longer, 
the chances of finding the negroes again will be very much diminished, 
and their value greatly lessened by the idle and dissolute^ habits 
which negroes so readily contract from a long residence with savages. 
It is particularly desirable therefore, that this subject should not 
be permitted to slumber, but that you should press as earnestly as 
would be becoming, for an answer. 

Mr Webster's reply to your communication of the 13th « April 
remonstrating against the violation of our territory by a deputy 
Marshall (Ferguson) of the state of Arkansas, a copy of which was 
enclosed in your despatch of the 13th July, if not altogether satis- 
factory, is at least all that we could reasonably demand under the 
pecuUar circumstances of the case. It is of the less importance in a 
National point of view, as the Uke cannot well happen again. The 
boundary line is completed, and the officers of neither Government 
can hereafter plead ignorance upon this point. 

From your communication of the 31st July, I learn with regret 
that Mr Webster will probably adhere to his first resolution as to 
the place of negotiating the Contemplated Treaty. Tlie press of 
business in his Department and the heavy demands upon his time 

aSee Reoords o fDepaitment of State (Texas), Book 38, p. 199-202. 

b For both, see Part I, p. 506-513. The note to Webster was dated July 27. 

« See Part I, pp. 499-501. 

d The note was written by Amory. For an extract see Part I, p. 496; for the remainder. Part I, Calendar. 

« This should be the 12th. See Part I, pp. 484-485. 



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CORRESPONDENCE WITH THE UNITED STATES. 97 

will not permit him to give the subject that constant attention 
which we so much desire; and I much fear the negotiations will be 
protracted beyond the constitutional term of the present admin- 
istration. Nothing remains however, but to use all diligence in 
urging it forward in Washington with all possible despatch. 

Your note of the 27th July to Mr Webster, has been carefully read 
by the President and receives his approval. You were not mistaken 
in supposing that this Government would claim the right of entrepdt; 
or of transhipping their produce from some point on the Mississippi, 
free of all charges except the ordinary ones of Storage, wharfage etc. 
when the produce is to be sent to a foreign coimtry for sale or traffic. 
What point the Government of the United States may think proper 
to assign to us for this purpose is not very material (though an eye 
should certainly be had to^ its convenience) The principle is what 
we are most concerned about. In my communication to you of the 
21st June,** I did not it is true, mention this as one of the principal 
heads of the contemplated Treaty. I regarded it, as you have 
rightly conjectured, as included in our claim of the right of free 
navigation of the Red River to its entrance into the sea, and it is 
so essential to a full exercise of that right, that it is difficult to con- 
ceive how it could be supposed to exist without. It would in fact 
be manifestly absurd, to concede to us the right of free navigation, 
and in the very same instrument assert the right of taxing us upon 
the transhipment of our produce into vessels calculated for the sea; 
which, from the unfitness of the river craft for the navigation of the 
ocean, would always have to be done. It involves an absurdity of 
terms, for how can that navigation be said to be free, when we are 
compelled at some point to pay the duties exacted by the impost 
laws for all goods introduced into the coimtry? There can be no 
need of a Treaty to secure the right to us (I mean the right of import- 
ing into the United States all of our produce upon paying the duties 
thereupon) for we already enjoy it, in common with all Nations 
who are on friendly terms with the United States. Nor do I con-' 
ceive that it ought to make any difference whether we employ as 
our carriers, Texan or American bottoms or bottoms of a third power. 
You recognize none I perceive in your commxinication to Mr Webster, 
though in your letter to this Department, you make a distinction 
between American bottoms and our own 

If the United States have it in contemplation as you seem to 
intimate, to deny to this coimtry the right of entrepdt, they, would 
be much more likely to do so, if it was believed by them that we were 
to be our own carriers, while the prospect of opening a new channel 
to the enterprise and industry of American Ship owners could not 

a In this series of addenda. 
89728^— VOL 2, ft 1—11 7 



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98 AMEBICAN HISTORICAL ASSOCIATION. 

fail to operate as an inducement with that Government to grant our 
demands. I do not apprehend therefore that you will find any 
difficulty in negotiating for the right to tranship in American bot- 
toms, if they concede to us the right to tranship in our own. As 
concerns bottoms of third parties, it is more a subject of Treaty 
between the United States and such parties than between us. You 
will however be authorized and expected to see that nothing enters 
into the Tl-eaty on this subject, which would be injurious to the 
interests of our citizens. 

Until the receipt of your last communication I did not apprehend 
much difficulty in settling with the United States the free navigation 
of the border Rivers to the Sea. That is the last nation that ought to 
question that right, for no other has taken such strong ground in 
favor of the principle, or been more consistent in maintaining it. 
In addition to the references I have already cited you to in proof of 
this, you have but to turn to her diplomatic correspondence to find 
volumes to the same eflFect; Besides This I do not think you will find 
it difficult to establish that it is now the settled law of nations as 
recognized by most, if not aU the leading powers of Europe, Thai 
navigable Rivers are public highways, when they rise in one coimtry 
and empty into the sea, in another, so far at least, as the coimtry in 
which they rise is concerned. I well recollect reading in a Newspaper 
a case of this kind, which was settled some two or three years ago, 
in some of the European Governments, (I have forgotten which) 
nor have I as you know such books as would assist my memory; 
but this I well recollect, that the principle was said to be extended 
beyond the rule laid down at the Congress of Vienna. Should it be 
necessary you will probably be able to find the authority last 
alluded to in the libraries of some of the Legations in Washington. 

This question is one of vast importance to us, and I have therefore 
devoted a large share of my letter to it. It remains now, only to 
instruct you concerning the conclusions to which the President has 
come after a mature consideration of the subject in all its bearings. 

He directs then, that imless the United States concede to us the 
right of freely navigating the border Rivers, and of transhiping 
whatever we may have for export, free of all tariff and impost duties, 
sjid the right of landing and storing our produce when vessels are 
not in readiness to take it off, by paying the customary charges for 
wharfage, storage etc. that you be instructed to enter into no Treaty 
at all upon this subject. It is one upon which this Government 
can make no compi;omise without inflicting a lasting injury upon that 
portion of our inhabitants residing on or near the border Rivers; 
and at the same time jeopardizing a great national right, the enforce- 
ment of which, as soon as its importance is felt, and the principles 
upon which it rests are imderstood, will be demanded by every 



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CORRESPONDENCE WITH THE UNITED STATES. 99 

voice of the Nation. We had best therefore, meet the question at 
once. No Government ever can, without the loss of National honor, 
stand by and see her citizens stripped of a ^' right'', which, to quote 
the language of the Congress of the United States on a case precisely 
similar, is ^^dear and essentiai'* and one that would be weak enough 
to allow it, could never be sustained by a free people. We have as 
little doubt of our right, as the United States had of theirs when 
contending with Spain, for the free navigation of the Mississippi. 

In all your intercourse therefore with Mr Webster, whenever the 
navigation of the border Rivers is the subject, you will always repre- 
sent the free navigation and the rigJU of entrepdt as a Sine qua non. 
If both of these points are not conceded, you will not be authorized 
to consent to any arrangement concerning the navigation of the Red 
River particularly (for the Sabine stands on a different footing) by 
which by the remotest implication, there is any abandonment of the 
principle we have set out with. 

If it is found to be impossible to incorporate our demands on this 
head in the Treaty; then that entire branch of the subject must be 
left open, and your attention will be turned to the points mentioned 
in my former communications, and your note to Mr Webster of the 
27th July. 

If we are balked in so essential a feature of the Treaty as the free 
navigation of the border Rivers, it will be difficult to make any 
Treaty which will be satisfactory to this nation. Under these cir- 
cumstances therefore, too long a period for its duration ought not to 
be fixed upon. The navigation question must come up again and 
that before very long; when it will be desirable to have the subject 
open for discussion. Perhaps the United States, would consent in 
the treaty (in case you do not come to some understanding now) to 
leave this particular subject open for discussion at an early period. 
I only suggest this, leaving it to your discretion whether you will 
avail yourself of it, or not. 

Your omission to say anything to Mr Webster on the subject of 
introducing slaves from one Country to the Other, when travelling 
with their owners, as servants, is perhaps, upon the whole well. 
There cannot however be any objection to ascertaining the views 
of the Government of the United States upon this subject, which 
may be best done in personal interviews. If that Government 
seems much averse to such a stipulation, you ought not to hesitate 
to abandon it; but if it is a matter of indifference, with them, the 
opportunity ought not to be lost of securing a privilege, the want of 
which is so serious an inconvenience to the citizens of both countries. 

I have not complied with your request to ''draw out in full form 
^uch a convention as our Government is desirious of intering into,*' 
for the reason that it would be almost a miracle if such an one would 



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100 AMEBICAN HISTORICAL ASSOCIATION. 

not be so changed and altered in various ways before it could be 
made entirely acceptable to the United States, that it could hardly 
be recognized as the one furnished by the Government; besides this 
it rarely happens that your first demands are all acceded to. You 
must then fall to a second and frequently to a third. If the Govern- 
ment should furnish a project of a convention, it would of course, 
embody its first demands on every point, and if not accepted in that 
Shape, which it would not often be, it would be of little use beyond 
supplying a form, for which of course you do not feel at any loss. 

I enclose as you request a copy of the Treaty with France. This, 
with those you already have, will be excellent guides in many par- 
ticulars. 

A separate commission to make the Treaty is also enclosed. I 
knew the necessity of this; and soon after coining into office, made 
some enqidry about it, and was left under the impression that full 
powers for tiiis purpose had been conferred upon you. 

I think now you are well informed on all the points of a material 
character that we desire to arrange with the United States. There 
are of course minor ones, such as enter into all treaties, that have not, 
been dwelt upon. They are referred to your judgment and discretion. 

I cannot close this communication without mentioning the anxiety 
of the President to accomplish this negotiation with the United 
States so as to lay it before the Congress at its meeting in November, 
or at least, before his term of office expires. 
I have the honor to be 
Your Obt Servt 

Saml. a Roberts 

Secretary of State 
Hon Barnard E Bee 
Chargi d^ Affaires 

etc. etc, etc. 



Houston to Eve." 

Executive Department, 
City ofHmiston, SOth, Jvly, 1842. 
Hon. Joseph Eve. 

Sir — ^Your note of the 27th instant, relative to the Brig " Retrieve", 
reached me at a moment when it was not possible for me to reply.* 

I regret that any difficulty should have arisen as to the cruise. 
So soon as it is possible to look into the matter it shall be done; 
and whenever the government is able to do so, all just remuneration 
will be made to the captain and owners. To what extent will be 
proper, I am unable to determine. 

a See Records of Department of State (Texas), Book 40, p. 135. 

h This probably refers to the letter of Eve to Waples of the given date (See Fart I, pp. 57^573). 1/ there 
was a separate letter to Houston, it has not been found. 



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CORlUBSPONDENCEi Wl-TH THE UNITED STATES. 101 

To day I directed the Acting Secretary of State to write to you 
upon the subject, so far as facts are in his knowledge, at the same 
time to assure you that at this time the country has not means to 
meet the demand, if it should be found just and right to do so when 
it is able. 

With perfect respect, 

I have the honor to be your obt. servt., 



Houston to Roman.** 

Sam Houston, in the name and by the authority of the Republic 
of Texas, to His Excellency A. B. Roman, Governor of the State of 
Louisana, of the United States of America: Greeting: 

By virtue of a communication received from E. W. Moore, Esquire, 
Commanding the Texas Navy, under date of the 7th. instant, I am 
placed in possession of a corresi>ondence between your Excellency 
and himself, relative to certain individuals, refugees from justice, 
who are charged as mutineers on board the schooner San Antonio, 
a Texian vessel of war, and as murderers of one of the officers of said 
vessel during the month of February last, then in the Port of New 
Orleans. 

The names of the individuals are Seymour Oswald, T. D. Shepherd, 
J. Allen, William Barrington, James Hudgeons, William Simpson, 
Edward Keener, Benjamin Pompilly and Edward Williams, who 
are now held as prisoners in the State of Louisiana. 

Your Excellency is hereby requested (and a respectful demand 
is made) to deliver to Commodore E. W. Moore the above named 
men, and all who may be implicated in order that they may be 
dealt with in accordance with the laws which they are charged to 
have so grossly violated. 

Given under my hand and the Great Seal of the Republic, at the 
City of Houston, the 12th. day of September, A. D. 1842, 

L. s. and of the independence of the Republic the seventh. 



Houston to Roman.* 

Sam Houston, President of (he Republic of Texas, 

To His Excellency, A. B. Roman, Governor of the State of 
Louisana^ one of the United States of America: 
Greeting: 

Whereas the government of the Republic of Texas, hath received 
due and authentic information, through the despatches of Commodore 



a See Records of Department of State (Texas), Book 40, p. 144. 
» Ibid., p. 156-166. 



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102 AMERICAN HISTORICAL ASSOCIATION. 

E. W. Moore, commanding Texas Navy, under date of the 14th. 
mstant, that a certain individual, named Antonio Landoit, is at 
present a prisoner in the State of Louisana aforesaid: 

And whereas, also, the said Antonio Landoit stands charged with 
having committed the crime of mutiny on board the Schooner San 
Antonio, a Texian vessel of war, at the time lying in the port of New 
Orleans; and also as a murderer of some of the oflScers of said vessel, 
and who is now a refugee from justice: 

Therefore, a request (and respectful demand) is hereby made upon 
His Excellency, the (lovemor of the said State, for the person of the 
said Antonio Landoit, to be delivered over to Commodore E. W. 
Moore, commanding as aforesaid, to be dealt with as the laws which 
he is charged to have so grossly violated may prescribe. 

In testimony whereof, I hereunto set my hand and aflix the great 
seal of the Republic. Done at Washington, the 29th. day 

L. s. of October, in the year 1842, and of the independence of 
the Republic the seventh. 



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Corresponierhcefor 184S-1846. 

Houston to [Roman].** 

[Requesting the surrender of an "individual, calling himself by 

the name of Poufief, Pouief, alias" , charged with murder in 

Texas.] 

Eve TO Jones.* 



Eve to Webster. « 



Van Zandt to Archee.** 



Van Zandt to Jones.* 

Dispatch No 94 

Legation op Texas 
Washington City, 11th J any 

184S 
To the Hon 

Anson Jones 

Secretary of State of Texas. 
Sm 

I have the honor to acknowledge the receipt this morning of your 
commimication of the 23rd ultimo informing me of the appointment 
of a time and place for the meeting of the several Indian tribes. or 
their chiefs for the purpose of entering into treaty stipulations with 
the Government of Texas for the securing and maintaining a perma- 
nent peace with these tribes, with instructions to immediately call 
the attention of the Government of the United States to the subject 
that a commissioner or commissioners might be appointed to act in 
conjunction with the commissioners on the part of Texas to effect this 
object and by which the United States should become a party to such 
treaty or treaties that might be concluded between the parties. In 
obedience to your instructions I have hastened to lay this subject 
before the President and Secretary of War in a personal interview 

a Jannaiy 2, 1843. See Records of Department of State (Texas), Book 40, p. 187-188. Roman, whose 
Initials are A. B., was governor of Louisiana. « 

ft A. L. 8., January 2, 1843. See Calendar of Correspondence with the United States in Part I. 
e January 7, 1843. See Calendar of Correspondence with the United States in Part I. 
d January 10, 1843. See Van Zandt to Jones, March 13, 1843. 
• L.S. 

103 



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104 AMERICAN HISTORICAL ASSOCIATION. 

which I have just had beUevmg that to be the better method, that I 
might explain more fully the objects of the Government of Texas. 
The result of this interview I submit for your consideration. 

The measure is highly approved of by the President and Secretary 
of War and the greatest solicitude is manifested by them both, to 
co-operate with the Govt of Texas in her efforts to secure peace with 
the Indians and give security to the frontiers of both countries; but 
it is the opinion of the Secretary of War that it will not be possible 
for this government to send its agent with the necessary instructions 
in time to enable him to reach the Waco Village by the 9th to 20th 
of February that it would require several days for the Secretary to 
examine the subject and prepare the instructions of the department 
to the Agent which should govern him, that, in fact the leading fea- 
tures of the arrangements to which this Government was to become a 
party must be specifically set forth to the agent in his instructions and 
beyond which he would not be authorized to act. The secretary then 
proposed to submit the same to me for examination and discussion so 
soon as he should determine upon the different points. The secretary 
informed me that Mr Armstrong who is the general Indian Agent in 
that quarter was the individual who would be appointed as commis- 
sioner; that his residence was at Fort Gibson and that thirty days 
would be required to communicate with him, adding five days to pre- 
pare his instructions and twelve days for his traveling to the Waco 
Village would bring it to the 25th of February as the shortest time 
possible at which he could be expected to meet the commissioners on 
the part of Texas with the Indians. The Secretary then urged the 
propriety of a postponement of the Council untill some time in the 
spring. To this I replied that it was important that no disappoint- 
ment should be had. One disappointment having already occurred 
should we neglect the present opportunity we could not rely upon 
another meeting with any degree of certainty and further that antici- 
pating the renewal of active hostiUties with Mexico during the early 
part of the ensuing spring, it was highly necessary to Texas to secure 
peace with the Indians in advance. Upon urging these with other 
considerations the Secretary of War agreed to take up the subject 
forthwith and forward the instructions as early as possible with 
directions that the Commissioner should delay no time in repairing to 
the appointed place. I do not think it possible for the Commissioner 
to reach the Waco Village before the 25th of Feb or 1st of March. I 
have said to Mr Spencer the secretary of war that I thought it possible 
that the Indians might be detained untill that time. I therefore hope 
that our commissioners will be informed of these facts that they may 
act accordingly. It is certainly of the highest import that the 
United States should become a party to such treaties as may be con- 
cluded with the Indians, and that every effort should be used to 
detain them untill the arrival of Mr Annstrong the United States 



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CORRESPONDENCE WITH THE UNITED STATES. 105 

Commissioner. For this reason I have hastened to lay before your 
department these facts in relation to it. 

I am a little surprised and much regret that not one word is said 
in your communications in relation to the movements of the forces 
under Genl Sommerville,** the action of Congress, the measures of the 
Grovemment or anything whatever save the subject of the contem- 
plated Indian treaties. With the greatest deference to the depart- 
ment I do think that I should have some information from the Grov- 
emment upon such important subjects. Under the instructions of 
your department I have been charged with negotiations of several 
important matters, towards their accomplishment I hope my efforts 
have not been wholy unavaiUng especially those which relate to 
our relations with Mexico and which are directly connected with the 
movements of our forces against that country. Surely to a proper 
discharge of my duties it is important that I should not only be 
informed upon these matters but that such information should come 
from a source upon which I might rely, not the vague rumor of a 
partisan newspaper for this is the only opportunity I have had lately 
to learn anything of Texas. 

I am satisfied that it is only necessary to call your attention to this 
subject. The known intelligence and experience of the Secretary of 
State while acting as the Texian Minister here I hope will be found as 
sure guarantees that in future I shall at least receive a passing notice 
from his department. 

I have not time to communicate other matters which I desire as I 
want to get this in todays mail On tomorrow I will forward another 
despatch to your department in relation to the interposition of this 
Grovemment. I will however take occasion to remark here that a 
movement having been made against Mexico it will alter very mate- 
rially the measures proper to be taken by this Government. Every 
measure should now be used to sustain the efforts of Gren SommerviUe 
by reinforcement or other means within the power of the Grovt — the 
news last night from Mexico says that they are on the eve of a certain 
revolution, the expedition to Campeachy would likely fail — the 
rumor at Vera Cruz was that 3000 Texians were on their march for the 
Rio Grande and every effort was making to give a good account of them 

In great haste I have the honor to be with great respect 
Your Obt. Sert. 

IsAAo Van Zandt. 

5. S. Please remember me to the President and Genl Terrell 

P. S. Mr. Serruys the Belgian Charge d' [Affaires] and Baron 

Bodisco the Russian M Plent.y requests me to present their respect to 

the Sec of State. 

thine V. Z. 



a Somervell. 



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106 amekican historical association. 

Eve to Jones.** 



P. S. Your note of the 24th of December, upon the subject of the 
money advanced by General Thompson, to the Santa Fe prisoners 
has been received I am much gratified at the prompt manner with 
[which] the President brought this subject before Congress. 
Very Respectfully your Obedient Servant 

Joseph Eve 

[Next is transcribed a copy of the resolution of the Choctaw Coun- 
cil, October 7, 1842.] * 



Van Zandt to Webster.*' 



Crawford to Armstrong.^ 



Jones to Davenport and to Loomis.* 



Eve to Webster.^ 



Spencer to Van Zandt. ^ 



Spencer to Webster.* 



Webster to Van Zandt.' 



a A. L. 8., January 11, 1843. For the letter and accompanying transcript, see Calendar of Correspondence 
with the United States In Part I. The postscript, which has not hitherto been printed, is given here. 

b See Armstrong to Crawford, November 4, 1842, in Calendar of Correspondence with the United States in 
Parti. 

c January 12, 1843. See Calendar of Correspondence with the United States in Part I. 

d January 12, 1843. Bee Van Zandt to Jones, January 20, 1843. 

« January 13, 1843. See Van Zandt to Jones, January 20, 1843. 

/ January 15, 1843. See Calendar of Correspondence with the United States In Part L 

9 January 17, 1843. See Van Zandt to Jones, January 20, 1843. 

ik January 17, 1843. See Van Zandt to Jones, January 25, 1843. 

i [January 20, 1843.] Bee Van Zandt to Jones, January 25, 1843. 



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' correspondence with the united states. 107 

Stipulations for Treaty with Texas Indians.** 



Van Zandt to Jones.* 
Dispatch No. 95 

Legation op Texas 

Washinffton City 

Jany 20th. 184S 
Hon Anson Jones, 

Secretary of State of the 

Republic of Texas 
Sir 

In a former dispatch which I made to your department you were 
informed that I had laid before the Government of the United States 
the information, which I had received from your department, relative 

to a youth named Lyons, who had been captured in the county 

of Fayette, and now supposed to be among the Osage Indians. "" I have 
now the honor to transmit to your department the measures taken 
by this Govemmetit to procure the restoration of the youth to his 
friends and country by submitting a copy of the note reed, from the 
War department together with copies of instructions sent from the 
proper offices of that department, which are as foUows — 



"War Department Jany 17ih. 184S 
Sir 

I respectfully transmit herewith copies of instructions that have 
been given from this department, in relation to the reclaiming from 
the Osage indians the Texian white boy ref ered to in your communica- 
tion to the Secretary of State, a copy of which was transmitted by 
him to this Department. 

With great respect Your Obt. Servt 

J. C. Spencer" 
Hon Isaac Van Zandt 
Charge d'affaires of the 

Republic of Texas, Washinffton [Cityy 



War Department, Office 
Indian Affaires Jany 12th, 184S 
Sir 

Information having been communicated to the State Department 
by the Charg6 d'Affaires of Texas that his Government had been 

• See Van Zandt to Jones, January 20, 1843. 
»L. S. 

« Cf. Van Zandt to Webster, December 30, 1842, In Calendar of Correspondence wltb tbe United States, 
in Part I. 



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108 AMEfttCAN HISTORICAL ASSOCIATION. 

informed by a gentleman residing among the Osage indians west of 
the State of Missouri that a youth some twelve years of age who had 

been captured by indians in the county of Fayette Texas named 

Lyons is now among the Osage indians and within the Umits of the 
United States, I am requested by the Secretary of War to instruct 
you to inquire for the captive lad above mentioned and to obtain his 
release, and when released to place him in charge of the commandant 
of Fort Gibson or Fort Towson, to be kept until caUed for by an 
agent of the Texian Government. 

You will therefore please to give the necessary instructions to the 
subagent of the Osages, with as little delay as practicable and urge 
his immediate and dilligent attention to the release of young Lyons 
and to the further instructions contained herein. 
Very respectfully etc 

T. Hartley Crawford 
Maj Wm. Armstrong, acting 

Superintendent etCj Choctaw Agency 
West of Arkansas. 



"Adjutant Generals Office 
Washington [City] J any ISth. 184S 
Sir — It has been represented to the "Secretary of State by the 
Charg6 d' Affaires of the Republic of Texas that a youth some twelve 
years of age who was captured by the hostile indians in Fayette 

county Texas named Lyons is now within the limits of the 

United States, among the Osage indians. 

Instructions have been given by the Commissioner of Indian 
aflFairs to the proper agent to obtain the release of the boy and to 
deUver him to the commanding officer of Fort Gibson or Fort Towson. 
If the captive be brought to your post, you will take charge of him 
until called for by an agent of the Texian Government and report 
the fact to this office. 

I am sir very respectfully Yr Obt Servt 

R. Jones 
Adjutant Genl.'^ 
Col. W Davenport 6th, infy comg 
Fort Gibson. 

Lieut Col. G Loomis 6th. infy comg 
FoH Towson'' 



In order to carry out the measures adopted by the Government 
of the United States for the restoration of the youth, it will be proper 
to appoint some person at as early a day as possible, to act as the 
agent of the Government of Texas at Fort Gibson or Fort Towson 



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CORRESPONDENCE WITH THE UNITED STATES. 109 

»In a conversation which I had with the Secretary of War, upon 
this subject, he informed me that during the last summer he had 
communicated to Major Reily information, which had been reed, 
by the War Department, of the release of two boys who had been 
purchased from the Commanches in the west of Arkansas, at the 
instance of the indian agents in that quarter, and who had been 
captured by the indians in Texas. The Secretary also informed me 
that a description of the youths had been furnished to Maj Reily, 
that the same might be communicated to the Texian Government. 
He further informed me that these youths were under the charge 
of the United States authorities, and that he was very anxious that 
measures should be taken by my Government to receive them. He 
also informed me that two hundred dollars had been paid for each of 
these boys, and that it would be expected, that the Government of 
Texas would refund that amount, besides the ordinary expenses of 
transmission and maintenance. If this matter has not yet received 
the attention of your Department, I hope that it will meet your early 
consideration and action. 

In my communication to the Department of State of the United 
States I informed that Department that I was authorized to draw 
upon the Government of Texas for the ordinary fees (only) of sub- 
sistence and transmission of the captive boy Lyons. In a con- 
versation with Mr. Spencer Secretary of War upon this subject he 
informed me that they had invariably paid to the Indians, various 
amounts as purchase money which it was expected the Government 
of Texas would refund, and desired to know of me if I was authorized 
to draw for such sums so paid: I replied that I was not; that I con- 
ceived such a policy was calculated to stimulate the indians to make 
captives, instead of repressing their aggressions, but that this matter 
should be laid before my Government, and that I entertained the 
opinion that so far as money had been expended, by the United 
States, in good faith, the same would be refunded: while, I was 
satisfied that Texas would deprecate the establishment of such a 
policy. I desire the instructions of your DepartmQjttt upon this 
subject, and hope to receive them at as early a day as possible. 

In my last dispatch you were informed that the United States 
Government would forward instructions to a proper commissioner, 
who should repair immediately to the Waco Village to join at the 
earliest day possible the proposed Indian Council, which is to 
meet at that place. I have now the pleasure of informing you 
that the instructions have been dispatched to Pierce M Butler Esq 
their Indian agent in the West of Arkansas, who is duly 
authorized to represent the Government of the United States, 
in that council. His instructions are not such as I conceived the 
most desirable for the interest of Texas, but yet, I hope if carried 



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110 AMERICAN HISTORICAL ASSOCIATION. 

into eflFect will prove beneficial to Texas. I desired that the Com- 
missioner might be authorized to conclude a treaty in the nature 
of an alliance, or upon such terms, as that the United States might 
become a guarantee for the fulfillment and observance of the stipu- 
lations concluded between the Indians and Texas. These several 
matters were submitted and discussed in the Cabinet meeting and 
dissented from by the Government. The objections urged were, 
that it was contrary to the policy of the United States to form 
alliances of such character with any power, and that such a provission 
would hazard the ratification of the treaty by the Senate of the 
United States. I herewith transmit you a copy of stipulations 
which are to govern the United States Commissioner — they are 
based upon the supposition that a treaty is first concluded between 
Texas and the Indian tribes, to which the United States is a witness, 
and at the conclusion of this treaty the United States, Texas and the 
Indians agree to these stipulations, the first of which is not reciprocal 
in its character, and which I informed the Secretary of War, I thought 
would not be agreed to by Texas, but he desired that the same might 
be submitted to my Government, for its consideration, while Mr 
Butler would be directed not to insist upon its adoption, unless 
desired by the Govt of Texas. Should it be objected to, he is author- 
ized to agree to the subsequent stipulations, and omit the first. The 
preamble and stipulations are as follows, 

'* Whereas, there are sundry tribes of Indians inhabiting the 
country in and about Red river, which constitutes the boundary 
line between the United States of America and the Republic of 
Texas, who are migratory and are sometimes found within the 
territories of one Government, and at other times in the territory 
of the other making each in time an asylum and shelter from pur- 
suit, and whereas with a view to establish peace with the said Indians 
and to secure the inhabitants of Texas from the incursions and depre- 
dations to which they are exposed, the Government of that country 
has invited a number of the said tribes to meet in council commis- 
sioners on the part of Texas, and has also requested the Government 
of the United States to be represented at such council, and whereas 
in pursuance of such invitation Delegates and Chiefs from the follow- 
ing tribes have assembled at the village of Waco on the Brazos river, 
namely, Commanches etc etc, and certain articles of a treaty of 
peace and friendship between the people of Texas and the said tribes 
have been agreed to and concluded. 

The United States of America being desirous to promote peace on 
their own borders, and to render all the aid which common interest 
may require to prevent depredations upon the persons and property 
of their own citizens as well as the inhabitants of Texas^ have been 



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CORRESPONDENCE WITH THE UNITED STATES. Ill 

represented at the conclusion of said treaty by their commissioner 
for that purpose, Peirce M. Butler Esq, their Indian Agent for the 
Cherokees, who in their behalf has witnessed the execution of the 
said treaty. Now it is hereby stipulated and agreed by and between 
the said United States of the first part, the Republic of Texas of the 
second part and the Chiefs Braves and Warriors of the said tribes 
of indians of the third part as follows. 

First. 

That the Indians of the several tribes represented by tlie Chiefs, 
Braves, and Warriors who signed this treaty will not commit any 
depredations on the property or any injuries to the persons of any 
whites, Indians, or others living within the jurisdiction of the United 
States and entitled to their protection, and that if any property is 
wrongfully taken from the territory of the United States, or any 
persons entitled to their protection are captured by the said indians, 
or any of them, they will on demand restore such captives and such 
property or will pay the full value of such property, and that upon 
neglect or refusal to comply with this agreement the United States 
by their officers agents and soldiers may pursue such property and 
captives and retake them by force of arms, although they may happen 
to be within the territorial limits of the RepubUc of Texas. 

Second. 

In case any of the said Indians shall bring into the territory of the 
United States any property or persons wrongfully taken, within the 
limits of Texas, the United States engage to render all the aid in 
their power for the return of such property and captives, and for the 
seizure of the offenders who may have brought them within the terri- 
tory of the United States, and they will deliver up to the authorized 
agents of Texas such property and captives and the offenders so 
seized, if such offenders usually inhabit within the limits of Texas, 
and if they usually inhabit within the limits of the United States, 
then, the United States will cause them to be proceeded against and 
punished in the maimer provided by their laws; the Government 
of Texas furnishing proof of the facte that may have taken place 
within ite jurisdiction. 

Third. In like maimer the Government of Texas engages to render 
all the aid in ite power for the recovery and return of any property 
or persons that may have been wrongfully taken by the said Indians, 
or any of them from the territories of the United States, and carried 
into the dominions of Texas, and will cause the persons and property 
so captured to be delivered to the authorized agente of the United 
States, and will cause the offenders to be seized and delivered up to 
such agente, if such offenders usually reside within the limite of the 
United States, but if they usually reside within the boundaries of 



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112 AMERICAN HISTORICAL ASSOCIATION. 

Texas, then the Grovemment of Texas will cause them to be proceeded 
against and punished in the manner provided by their laws; the 
United States furnishing proof of the facts that may have occurred 
within their limits. 

(Conclusion of stlpalatlons) 

Should the proposed treaty be concluded, and any of the tribes 
that become parties to the same be Indians of the United States, 
alone, it will be necessary to guard against that portion of the pre- 
amble, which sets forth that these tribes are migratory in their char- 
acter, and by which the United States might obtain an acknowledg- 
ment upon the part of Texas, that these Indians were not of the char- 
acter which the United States were already bound to restrain. And 
here permit me to call your attention to a fact, which has presented 
itself to my mind, which seems to be unknown to the Secretary of 
State, or if known seems to be wholly disregarded by his department. 
It is important that I should know the views of my Government in 
relation to it. I allude to the fact, whether the treaty between Mexico 
and the United States, or any part of the same, is held to be binding 
upon Texas, or upon the United States so far as the same may have 
related to Texas. By the 34th article of that treaty I mean the 
treaty of 1831, it is provided after eight years from its ratification the 
same may be terminated by either party giving notice to the other 
of its intention so to do, after twelve months from the date of said 
notice. From the instructions of Mr. Mayfield late Secretary of 
State of Texas to Mr. Bee, with the communication from. Mr. Amory 
Secretary of Legation, who wrote in the absence of Mr. Bee, to Mr. 
Webster Secretary of State of the United States, which communica- 
tion is dated the 19th. of May A D 1841, 1 learn the facts which have 
induced me to believe that, that treaty has ceased to exist except the 
provision of amity. I submit the following extracts which have 
induced this conclusion. 

[Here follows an extract from Mayfield to Bee, April 20, 1841,** 
beginning with the words, "I am directed " , and ending with the words 
"to the 34th. article of the treaty"; and one from Amory to Web- 
ster, May 19, 1841,* beginning with the words, "the undersigned is 
instructed", and ending with the words, "article 34 of said treaty".] 

I hope to hear from your department the views of Government in 
relation to this subject. 

I have at length succeeded, three days ago, in obtaining a copy of 
the treaty now pending before the Senate. Some of its main pro- 
visions I fear are in jeopardy. I allude to the 4th. and 5th. articles. 
At the suggestion of Mr. Archer I have hastily drawn up unofficially, 

a See Correspondence with the United States, Additional letters, above, 
b See Correspondence with the United States, Part I. 



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COBBESPONDENCB WITH THE UNITED STATES. 113 

for the committee on Foreign relations; of which he is chairman, 
some of the leading arguments which I conceived most likely to 
present the treaty in a fair light before the Senate and impress that 
body with the importance of its .ratification. The communication 
is somewhat lengthy which prevents my sending you a copy I endeav- 
ored to impress the committee with the opinion that if these leading 
features were rejected the fragments would not be worth preserving. 
The late intemaJ difficulties in Texas, and the dissensions among our 
selves I regret to say have added much strength to the opposition 
which is arrayed against this treaty, and I have no doubt have caused 
much of the timidity and reluctance manifested by the United States 
in the formation of an alliance or triplicate treaty with the Indians 
for our mutual protection as before alluded to, while it has induced 
the public mind to rely with less confidence in the Institutions of our 
country. If those individuals, who scatter the seeds of discord, 
knew their baleful effects upon our interests abroad, I feel confident 
that they would sacrifice their motives of personal ambition uponlhe 
altar of their coromon country, and unite with a single purpose imder 
the Single Star for the welfare of the whole nation. The old United 
States Bank, and some of its agents, who are in possession of certain 
Texian bonds, which were purchased by them, are making a heavy 
effort against the ratification of any treaty. I have collected all the 
important facts in relation to these matters, and placed them in 
possession of Senators, who are willing to act upon such matters as 
concern the mutual welfare of both nations in a proper and impreju- 
diced light. 

In my last dispatch I said to yom* Department that in the course of 
a day or two I would write further upon the subject of the interposi- 
tion of this Government. Since the date of that communication, I 
have had frequent conversations with the President and Secretary of 
State upon this subject, which were principally of a strictly confidential 
character, in regard to which, I am only permitted to say that this 
Government, influenced by the most laudable desire to restore peace 
between Mexico and Texas, will not fail to use every means within 
its power, consistent with its honor and high standing as a nation, 
to bring about this desirable result. And here permit me to direct 
your attention to the importance of withholding from the pubUc 
eye, so much of my dispatch No. 93 as relates to this subject. 

It is important, as I conceive, for the interest of Texas that she 
should settle down upon some policy to which she will strictly adhere, 
as far as circumstances will permit, during the pendency of hostilities 
with Mexico. We should determine to act exclusively upon the 
defensive, or determine upon the more vigorous course of making 
war upon Mexico by all the means which we could bring to our aid. 

39728**— VOL 2, pt 1—11 8 



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114 AMEBICAN HISTORICAL ASSOCIATION. 

Had the Government persevered in confining its operations at home, 
I am satisfied that the measures, taken to arrest the predatory war- 
fare that had been carried on upon our borders, would have proved 
entirely successful, and that, in future we should have had nothing 
to dread but a formidable invasion of such a character as would have 
been likely to test by a trial at amis the comparative strength of the 
two nations. Such an invasion, however, might have been delayed 
by the revolutionary movements in Mexico, and the hostilities now 
going on between that coimtry and Yucat&n, while such delay, with 
the attendant uncertainty which would hang over our affairs, might 
have continued to retard our advancement, and consequent pros- 
perity that must exist upon the restoration of peace and the termina- 
tion of our difficulties. The Government, however, having given its 
sanction to the partial invasion of the Mexican territory, with a view 
of retaliating for the many injuries which Mexico has inflicted upon 
us, must stand justified in the sight of every impartial mind, though 
this change of policy will materially affect the measures which the 
United States would have conceived herself justifiable in taking 
while our operations were confined at home. Having commenced 
offensive operations, (though necessary to our defence,) the whole 
powers of the Government should be united in their prosecution. I 
think the war, (and my opinion meets with the unanimous concur- 
rence for their [sic] is scarcely a dissenting voice to be found of all 
the intelligent men with whom I have conversed since it was posi- 
tively known that Genl. Sommerville** had gone to the Rio Grande,) 
should be prosecuted not only with vigor but the greatest severity, 
and that Mexico should be made to feel the effects of that vengence 
which has long been restrained; and that interest and safety may 
prompt her to the acknowledgment of that which her disregard of 
right and justice has withheld. 

I am still without information respecting the movements of the 
army, and await with great anxiety the receipt of intelligence con- 
cerning them. 

The intelligence which has recently reached here, of the movements 
of Commodore Jones of the American squadron on the coast of Cali- 
fornia, in taking possession of Monterey a Mexican town near that 
coast, has created some sensation and various surmises are afloat of its 
probable effects upon the relations of the two countries. In a con- 
versation which I had two days since, with a diplomatic functionary, 
who is on terms of great intimacy with Grenl. Almonte Mexican 
Minister, the opinion was expressed by that gentleman in the con- 
versation alluded to, that the Mexican Government would likely 
withhold a portion of the indemnities, which she has lately agreed to 
pay to the United States in order to indemnify herself for the dam- 

aSomerrell, 



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COBBESPONDENCE WITH THE UNITED STATES. 115 

ages sustained by the taking possession of California by Commodore 
Jones. Something may grow out of ihis.^ 

The last accounts from Mexico State that the Congress had dis- 
persed and that the revolution had thus far progressed without 
bloodshed, and that Santa Anna had every prospect of success. 

Through the medium of a gentleman of high standing, who resided 
many years in the City of Mexico and who is on the most intimate 
terms with Grenl. Almonte, I have been endeavouring to learn the 
views and policy of the Mexican Grovemment towards Texas, and the 
prospects, if any, of a settlement of our difficulties. This gentleman 
has had two or three conversations with (5enl. Almonte, in which the 
latter spoke freely of our relations. As this gentleman is yet prose- 
cuting this matter, and as nothing definite has yet been learned, I 
will reserve this subject for a future communication 

Trusting that I shall soon have the pleasure of hearing from your 
Department I have the honor to be with the highest sentiments 
of regard 

Your Obedient Servant 

Isaac Van Zandt 

Jones to Van Zandt. ** 

[Relative to the way in which the war with Texas is carried on 
by Mexico.] 

Van Zandt to Webster.*' 



Waples to Eve.^ 



Van Zandt to Jones.* 
Despatch No. 96 

Legation op Texas 
Washington City J any 25th, 1843 
To 

Honorable 

Anson Jones 

Secretary of State 
Sib 

I have the honor to acknowledge the receipt two days since of your 
despatches of the 25th. 26th. 28th. and 30th. ultimo. The several 
matters embraced in all which have received my prompt attention. 

a See House Exee. Doe»., 27th Cong., 3d Sess., V (Serial No. 422), 166; Webster, Works, VI, pp. 46(M62. 
l> January 23, 1843. This letter i3 not in the archives; but the same letter, mutatis mutandis, was sent to 
Aahbel Smith, for which see Correspondence with Great Britain, 
c January 24, 1843. See Van Zandt to Jones, January 25, 1843. 
d January 25, 1S43. See Calendar of Corresi>ondence with the United States in Part I. 
«L.S. 



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116 AMERICAN HISTORICAL ASSOCIATION. 

Your instructions in a former despatch, and repeated again in your 
dispatch of the 25th. ultimo, with regard to the appointment of a 
commissioner to represent the United States at the proposed Indian 
Council, which is to meet at the Waco Village on the Brazos river, 
has sometime since received my attention and you were informed in 
my dispatch No. 95 of the success of my efforts. 

So soon as your last despatches were received, I immediately called 
upon the President and Secretary of State of the United States, and laid 
before them the intelligence, in relation to the course intended to be 
pursued by the British and French Governments, upon the subject 
of mediation, and expressed to them the desires of my Government, 
that the United States should give the necessary instructions to her 
minister in Mexico, that a concert of action might be had on the part 
of these three great powers. The President and Secretary of State 
both expressed the greatest desire to do aU in their power to further 
the proposed object, repeating at the same time, the facts, which they 
had before coromunicated to me, that their minister in Mexico had 
been instructed, sometime since, to offer to that Government the medi- 
ation of his Government in the settlement of the difficulties between 
Texas and Mexico. Mr. Webster also assured me, that the additional 
information which I had communicated to him should be immedi- 
ately transmitted to Mr. Thompson, their minister, renewing at the 
same time, and urging his attention to the former instructions which 
had been given him upon this subject. I then told Mr. Webster that 
I would inunediately address him a formal communication upon this 
subject, which promise I have complied with this morning,** a copy 
of which you will find hereto annexed. You will discover in this 
communication to Mr. Webster, that I did not confine myself exclu- 
sively to the points embraced in your instructions, but have alluded 
briefly to the compaign across the Rio Grande under the command of 
Genl. Sommerville. I did this upon consultation with Mr. Webster, 
who promised to send a copy of my communication to Mr. Thompson, 
that he might show the same to the Mexican Government, should he 
deem it necessary, and from which he might show that we were driven 
to such course from motives of self defence, and a desire of peace, and 
not the acquisition of territory, or a desire to inflict unnecessary evils 
upon the Mexican people. 

From facts which [have] come to my knowledge, I deemed it proper 
and necessary to make known both to the President and Secretary 
of State here the fact that General Hamilton was neither directly or 
indirectly recognized by the Government of Texas, as its agent to 
transact or negotiate, either treaties, or business of any character, 
which concerned my Government, nor would the services of that 
gentleman be employed, by the Executive in any such capacity. 

a The date of the letter to Webster as printed was January 24; " this momhig" was apparently the 2Stb. 



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CORRESPONDENCE WITH THE UNITED STATES. 117 

These facts I informed the President and Secretary of State were 
founded upon the instructions from your department." 

I have lately received a communication from the War department 
through the Secretary of State of the United States informing me 
of the measures taken by that Government to interdict the trade 
between the whites and half breeds of the United States and the 
Indians of Texas, a copy of which communication you will find here- 
with enclosed. You will perceive in this communication, that the 
Secretary alludes to complaints which have been made by the Choc- 
taw Indians against the Citizens of Texas residing upon the border: 
I am gratified to receive Mr. Benton's letter upon this subject, as 
it will afford me an opportunity, of showing to the Secretary of 
War that there are two sides to this case, and that our citizens, if 
to blame at all, are not alone in the wrong. A copy of Mr Bentons 
letter will be enclosed to the Department as soon as I have time to 
write the necessary communication.^ 

Since my last dispatch, I have continued to urge the adoption of 
the treaty lately concluded here, and though I have had to combat, 
not only, the prejudices arising from our disorganized condition at 
home, but also the great opposition which arose here, from various 
sources, and to which T alluded in my former dispatches, I have 
now the pleasure to inform you, that, I think there is every prospect 
of a speedy and favorable action upon it by the Senate. I have 
Just had a conversation with Mr. Archer, Chairman of the Committee 
on Foreign Relations, who expressed to me his entire satisfaction, 
and promised to make a report on tomorrow morning. The amend- 
ment which the President desired to be made, I think I shall be 
enabled to have effected, though upon this, I could obtain no satis- 
factory answer, as the Sena<J)rs with whom I have conversed gave 
no definite opinion in relation to it. 

I learn from Mr. Archer that a communication has been made to 
the Committee on Foreign Relations of the Senate by the holders of 
Texas liabilities. The purport of this communication I was unable 
to learn. Mr. Archer informed me however, that the communication 
had been returned. 

The gratifying intelligence has reached here, both ifrom Galveston 
and Matamoras, that Genl. Somerville is operating with some effect 
upon the Rio Grande. I regretted to learn that some of his troops 
had refused to submit to his orders, and had returned from Laredo. 
The promptness and determination, which characteria^ed the action, 
of Genl. Sommerville upon the occasion, has had a salutary influence 
here upon the public mind. I repeat again the opinion, which I 

a Cf. Jones to Van Zandt, December 25, 1842, In Part I. 

b Cf. Jones to Van Zandt, December 30, 1842; Van Zandt to Webster, February 3, 1843 in Calendar of 
Correspondence with the United States in Part I. 



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118 AMEBIC AN HISTORICAL ASSOCIATION. 

expressed in my last despatch, (and this view is fully concurred in 
by the friends of Texas who occupy exalted stations in this country 
but whose names I am not permitted to give) that every effort should 
be made by the Government, to sustain this movement of our troops: 
the greater the effect that is produced, and the more formidable the 
demonstration that is made, the stronger will be the arguments, 
which may be used by the powers mutually friendly, why peace 
should be restored between the two countries. 

Mr. Webster informed me in a conversation had with him, two days 
since, in relation to the interposition which had been formally invoked, 
by my Government, that so soon, as the result of the expedition to. 
Yucatan was made known, it was the determination of his Govern- 
ment, to make a representation to the Mexican Government upon 
this subject, in which his Gt)vemment should be inclined to remon- 
strate in strong language, and that a copy of such communication, 
when made, should be immediately forwarded to the French and 
British Governments. 

I have the honor to be with high respect 
Your Obedient Servant 

Isaac Van Zandt 

P. S. Please remember me to the President and his good Lady. 

[Inclosed are copies of the following:** Van Zandt to Webster, 
January 24, 1843; Webster to Van Zandt, January 20, 1843; Spencer 
to Webster, January 17, 1843.] 



Eve to JojfEs.* 

Legation of the United States 

Galveston January 26th, 1843 
The Honble. 

Anson Jones 

Secretary of State of Texa^ 
Sir 

I have the honor to acknowledge the receipt of your note of the 
12th. Instant** with the enclosed Exequatur for Mr. Smith as Consul 
of the United States for the Port of Matagorda. 

I have recently received a letter from M. E. Hale Esquire managing 
owner of the Brig Retrieve with an enclosed Duplicate account of 
charges, for detention, damages, and expenses of that vessel, incured 

a See Calendar of Correspondence with the United States in Part I. 

6A.L.S. 

cThis note has not been found. 



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CORRESPONDENCE WITH THE UNITED STATES. 119 

in consequence of its seisure by order of the President of Texas. A 
copy of which I herewith transmit to you 

By an examination of the account you will discover^ that the owners 
claim (as an indemnification for the loss which they contend that they 
have sustained) the sum of ($5,042.50/100) five thousand forty two 
dollars and fifty cents 

In all my correspondence (both orai and written) with this govern- 
ment upon the subject of this claim I have been influenced by a 
sincere and ardent desire that it should be adjusted in such a way, 
as to give entire satisfaction to all the parties concerned 

In pursuance of that desire and not having then been informed of 
the extent of the injury which the owners of the Retrieve have sus- 
tained, I proposed in my note to you of the 30th. of December last 
to take eleven hundred dollars in discharge of all claims against the 
Government of Texas on account of the Retrieve provided the appro- 
priation was made and the amount paid over, but should this proposi- 
tion not be accepted and the amount of Damages be left to future 
investigation the proposition was not to be considered as binding 
upon Captain Means. 

When Captain Means left Galveston he was not apprised of the 
extent of the injury which his vessel had sustained while in the 
service of Texas; he was by agreement to have sent me from Mobile 
the amount of injury so soon as the repairs were made. The first 
intimation which I have received as to the extent of the damages is 
Mr. Hales letter. 

I have not been informed whither any appropriation has been made 
at the late session of Congress to discharge this claim, and now ask 
for the information and if made how much, and when I may expect 
that it will be paid 

With sentiments of high regard and Respect 
I have the honor to be 

Your obedient servant 

Joseph Eve 



(Copy.) 

Nbwbueypobt December 27th 18/^2 
Honble. Joseph Eve 

Charge W Affaires of the TJ, S. 

Republic of Texa^ 
De Sm 

Upon receipt of the documents from the late Capt. Thomas Means 
relative to the seisure of the Brig Retrieve by the authorities of Texas, 
while at Galveston, I lost no time in laying the matter before the 



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120 AMEBICAN HISTORICAL ASSOCIATION. 

Executive at Washington and have been informed by the Secretary 
of State, that that Department had been previously made acquainted 
with the subject through you, and that a correspondence had taken 
place with the Texan Government. 

The claim as made up by Capt. Means, and forwarded you from 
Mobile, amounting to three thousand nine hundred forty two 60/100 
dollars, does not embrace all the charges which the owners of the 
Retrieve beUeve the Texan Government ought justly to allow, and 
in their account accompanying their Memorial to the Executive they 
have made such additional charges as seems to them correct, and 
thinking that you may not have been put in possession of these addi- 
tional items, beg leave to lay before you a dupUcate of the account 
forwarded to the Department of State at Washington. 

In proof of the charge for additional time amounting to eight hun- 
dred dollars, I beg to state that the time of the detention of the vessel 
for repairs is only computed from the 23d July to the 10th. August, 
Whereas it should have been 32 days more up to the 11th. of Sep- 
tember, that being the day when the repairs were completed as 
appears by Port Wardens survey held at Mobile. 

The charge for additional time is proper and reasonable because 
the vessel was unemployed during said period and the delay and loss 
were the direct consequences of the seizure. 

The owners of the Retrieve have not received on account of this 
loss any compensation either by insurance or otherwise. 

I would further state that although the accompanying account is 
made up from the documents and proofs which have been received, 
yet the amoimt falls far short of the whole extent of their loss. 

And in consequence of this unlawful and unjustifiable proceeding 
on the part of the Texan Government not only have the owners suf- 
fered severely a heavy pecuniary loss; but it was without doubt the 
cause of the decease of Capt. Means at Mobile. 

The owners therefore rely upon the Government of their Country 
for protection, and respectfully request that such measures may be 
taken to afford them relief, and compensate them for their loss, as to 
the proper authorities of the Government shall seem best. 

An acknowledgment of the receipt of this is respectfully requested, 
and any information as to the progress of adjustment of this matter 
will be gratefully received. 

I have the honor to be 

Dr. Sir your Obt. Svt. 

(signed) M. E. Hale 

Managing owner of Brig Retrieve 



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CORRESPONDENCE WITH THE UNITED STATES. 121 

Duplicate. Account of Chaiges, for detention, damages and 
expenses of Brig Ketrieve incured by seisure pr. order of Sam Hous- 
ton President of Texas 

(Viz) Account of Thomas Means Master of the Brig 
Retrieve of Chaige for detention, damages and ex- 
penses, from the 18th. of June 1842 to the 10th of 
August annexed to Duplicate. $3,942.50 cents 

For additional damages from 10th of August to 11th 
of September the vessel being detained during that 
period; to enable Captain Means to complete the re- 
pairs, being 32 days at $25 per day 800.00 

For ainoimt of stores on board at the time of seisure 
and were consumed by the Texans 200.00 

For cash paid for fees to magistrates travelling ex- 
penses, postage and incidental expenses incured 100.00 



amount claimed $5,042.50 



Jones to Eve.** 



Jones to Van Zandt. 

Department op State 
WasUngton [Texas,] Jan SUt. I84S 
Hon. Isaac Van Zandt 

Charge d^ Affaires of Texas etc. etc. 
Sir, 

I have the honor to acknowledge the receipt of your despatches 
Nos. 92. and 93 as also your letter of the 27th. Ulto. transmitting a 
duplicate copy of Mr. Riley's * Dispatch No. 90 the original of which 
was lost by the wrecking of the Steamer Merchant. 

The Treaty of Amity Navigation and Commerce between Texas 
and the United States negotiated by Mr. Riley has reed, the sanction 
of the Senate to its ratification both in the original form and with 
the proposed modification of the fifth article, (as mentioned in my 
previous communications,) at the discretion of the President. 

The Ratification of the Treaty in its original Shape has been signed 
by the President, and forwarded you by Mr. Daingerfield, who left 
here for Europe by the way of Washington city last week Should 
the Government of the United States ratify the Treaty in the same 

a A. L. 8., January 31, 1843. See Caloidar of Correspondeoce with the United States In Part I. 
^ReOy's. 



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122 AMEBICAN HISTORICAL ASSOCIATION. 

form you will proceed at the earliest possible period to the exchange 
of the ratifications with that Grovemment This step has been 
adopted in order that no time nught be lost in giving effect to the 
Treaty in case the proposed modification should not be adopted by 
the United States. 

If on the contrary the proposed modification is adopted by that 
Government, another ratification of the Treaty embracing the same 
will be signed and sent you for exchange, and the one forwarded by 
Mr. Dangerfield will be cancelled. 
I have the honor to be 

with the highest respect 
Your obt. Svt 

(signed) Anson Jones 



Webster to Van Zandt.** 



Van Zandt to Webster.* 



Jones to Eve. 



Department op State 
Washington [Texas] Feb, 5th 184^ ^ 
Hon J. Eve, 

Charge d affair of U Sts. etc. 
Sir 

Your communication of the 11th Ult in relation to the claim of 
Capt Means'* would have received an earlier reply but for the accu- 
mulation of business in this Dept. consequent upon the adjournment 
of Congress, which has necessarily engaged my attention 

The amount of eleven himdred Dollars for the use of his vessel and 
the damages sustained, the President directs me to say is admitted to 
be just, and that the same will be iinmediat[e]ly paid out of the appro- 
priation for frontier defence. 

The President further instructs me to say he regrets that the only 
means at his disposal, under the law of Congress are the Exchequer 
Bills, and that he is not authorized to disburse them except at their 
par value. The best therefore which he can do is to offer Capt Means 
the alternative of receiving the amount of his claim in Exchequer 

a February 2, 1843. See Van Zandt to Jones, March 13, 1843. 
fr February 3, 1843. See Van Zandt to Jones, March 13, 1843. 
c Should be 1843. 

d The date of the f)OTiiTnnntnat,ton was in tad January 26, and that of December 30, 1843, also remained 
ananawtfod. 



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COBRESPONDENCE WITH THE UNITED STATES. 123 

BillS; now, or having the matter refered to Congress for its future 
action, the power of doing full justice to Capt. Means, resting only 
with that body. 
I have the honor to be with great regard 
Your Obt Svt 

Signed Anson Jones 



Jones to Van Zandt. 

Department of State, 
WasTiington [Texas,] Feb, 10th, I84S. 
To the Hon. Isaao Van Zandt, 

Charge d' Affaires of Texas etc, etc. 
Sm, 

The subject of the annexation of Texas to the United States, in 
reference to which instructions was given by me to your predecessor 
Mr. Reily I am happy to learn has claimed your early attention, as 
notified to this Department in your Despatch of the [23rd of] Decem- 
ber last, and I now have the honor to transmit you further instruc- 
tions in relation to the same. 

The proposition which was made to the United States in 1837 and 
rejected by that Government places Texas in an attitude which would 
render it improper for her to renew the proposition under existing 
circumstances and you are authorized to intimate in your verbal 
intercourse with the Secretary of State of the United States that 
before this Government could take any action on this subject, it 
would be necessary for the United States Government to take some 
step in the matter of so decided a character as would open wide the 
door of negotiation to Texas, in which event you will be authorized 
to make a treaty of annexation. For this purpose it would probably 
be requisite for the (Jovemment of the United States to review its 
former decision upon the proposition made in 1837, and to reverse 
the same or to take up the subject, de novo, and to submit a proposi- 
tion to this Government, through you or their Minister here to enter 
into negotiations to effect this object. 

In the event the first course should be adopted you will then 
inform the Government of the United States that Texas renews the 
proposition for annexation to that Government, and that you will at 
an early period be authorized to enter into the proposed negotiation 
with ample powers to conclude a treaty in the premises. 

In case the other mode of procedure is adopted you Mdll be simi- 
larly authorized and empowered. 

It is beleived that the present period is favorable for the consumma- 
tion of such a Treaty, on the part of this country, the feeling of the 
people being very unanimous in regard to the same. It would there- 



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124 AMERICAN HISTORICAL ASSOCIATION. 

fore seem adviseable that the opportunity should be embraced and 
without delay to effect an object which under present circumstances 
is so manifestly intended to promote the best interests of both 
countries. 

Your dispatch no. 95 was received last evening. No. 94 has not 
come to hand, but is presumed to be in the mail of last week which is 
yet behind having been delayed by the high water of the Brazos. 

As you do not in your dispatch mention, or allude to any letters 
received from this Department I state for your information that I 
wrote you officially under dates of the 23d. 25th. 26th. 28th and 30th 
Deer, and the 23d. and 31st. January last, as also a private letter 
about the 24th of the last month. 

Your request to have a copy of the Laws of Texas sent you has 
been complied with and the copy forwarded by the Hon. Mr. Dainger- 
field. Mr. D. was to have left Galveston for New Orleans on the 
last Steamer, at which latter place he will be delayed some two or 
three weeks, after which he will proceed to Washington City, on his 
way to Europe. 

So soon as your dispatch No. 94 is received I will address you 
again in reply to that as well as to the one received last evening 

If convenient I wish you to procure from the Post Master General 
Copies of such blank forms etc etc. as are in use in the General Post 
Office of the United States; and to forward the same to this Depart- 
ment, for the information of the Bureau of the G. Post Office here 

Enclosed I send you the official report made to the War Depart- 
ment by Gen. Somervell ^ which will place you in possession of all 
the information not heretofore communicated relative to his late 
unsuccessful campaign. 

I have the honor to be with the highest respect 
Your very obt Svt 

(Signed) Anson Jones 



Daingerpield to Jones. ^ 

New Orleans, Feby 14th I84S 
Hon Anson Jones 

Secretary of State etc, etc, 
Sm 

Having finished the business in reference to which I was charged 
in the city of New Orleans, by the instructions which I had the honour 

a For this report, see The Morning Star (Houston), February 18, 1843. The Instructions to Somervell, 
which seem also to have been enclosed (see Van Zandt to Jones, March 13, 1843), were dated October 3, 
1842. For these— if they were instructions from Houston— see Thf Redlandrr (San Augustine), October 27, 
1842. It may be, however, that the instructions referred to were given by Secretary of War and Marine 
Hill. If so, these references will, of course, not apply. NeilPs statement, referred to by Van Zandt In his 
letter of March 13, has not been found. 

bjL,h,B. 



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COBBESPONDENCE WITH THE UNITED STATES. 125 

to receive from you at Washington [Texas,], I shall proceed imme- 
diately in obedience to the same instructions to the capital of the 
United States to put myself in communication with Mr Van Zandt 
and to deliver him the treaty entrusted to my care." I have the 
honour to remain very respectfully 
Yr most Obedt Svt 

Wm Henry Dainoerfield 
Minister Charge D Affaires etc, etc. 



Jones to Van Zandt. 

Department op State 
Washington [Texas] Feb. 16th 1843 
Hon. IsAAO Van Zandt 

Charge d' Affaires of Texa^ etc. etc. 
Sm, 

The Commissioners appointed by this Government, Viz. Messrs. 
Terrill * Black Durst and Williains left some time since for the Waco 
Village to hold the Council with the various tribes of Indians, assembled 
there and unless the high waters of the river have prevented, it is 
presumed that the Council is by this time nearly ready to commence 
its deUberations. By a letter reed, from Gen. Terrill at Franklin on 
the Brazos and written, a few days since, the most confident expec- 
tations appear to be entertained by that Gentleman that a Treaty 
will be made and peace established throughout all Texas between us 
and the red man. No intelUgence of the arrival of Gov. Butler, the 
U. States Commissioner has as yet been received, and the presumption 
is that he will come direct from Arkansas to the Waco Villages. A 
copy of that part of your dispatch No. 95 relating to the subject of 
powers given to Mr. Butler by his government has been forwarded to 
our Commissioners, with a notification of his appointment, and instruc- 
tions for their govemanpe in the premises 

For yoimg Lyons and the two boys which have been redeemed 

from Indian captivity by the oflScers of the United States the Presi- 
dent will remimerate the government of the United States upon 
delivery of these captives severally provided the amoimt required for 
each does not exceed $300, which is the amoimt authorized by Law 
to be paid. Should it exceed this amoimt the Government of Texas 
will feel herself boimd to pay the same, although this would require 
the action of the Congress. The friends or relatives of these prisoners 
will it is presimied go for them, which will preclude the necessity of 
dispatching a Govt agent for that purpose. Should any more of om* 
prisoners be redeemed, previous to the formation of a treaty with our 

a See Jones to Daingerfleld, January 20, 1843. 
* Terrell. 



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126 AMERICAN HISTORICAL ASSOCUTION. 

Indians the same course will be adopted. The Indians however have 
promised to bring all our prisoners to the Council ground and to 
exchange them for their own which last have as far as practicable 
been collected and sent there by the President. 

I was somewhat surprised at that part of your communication 
No. 95, where you express the opinion that this Department had 
acted in probable ignorance of the fact that the Treaty between 
Mexico and the United States so far as Texas was concerned had been 
ended in all things relating to Navigation and Conmierce, by a notice 
given to the United States in accordance with the 34th Art. of said 
Treaty, and I am at great loss to imderstand to what particular acts 
you allude. You will perceive that this Department has been aware 
of this fact, by the instructions severally given to Mr. Bee and Mr. 
Riley to negotiate a new treaty and by the fact of Mr. Riley's having 
negotiated the Treaty herein above referred to — and which has been 
matter of frequent communications from this Dpt. to yourself 

The obhgations to observe amicable relations between the two 
coimtries is perpetual, and also the obligations which each owes the 
other to restrain reciprocally their citizens or indians from commit- 
ting injuries or hostile depredations upon the citizens or indians of 
the other. This is an obligation which exists independant of any 
treaty, and grows naturally out of the relative situation of the United 
States and Texas towards each other as neighboring and friendly 
nations. These obhgations have been on several occasions mutually 
acknowledged by the two governments since the expiration of the 
Treaty Stipulations between the two coimtries relating to Commerce 
and Navigation. I however conceive that the Treaty of 1831 so far 
as it relates to these matters is still binding upon Texas^ and the 
United States as no notice has been given by either party of an 
intention to discontinue it in regard to them. But in either event 
the obhgations of the parties are not materially aflfected and the 
only advantage which would arise from holding to the Treaty in the 
particulars refered to would be that it gives a proper and particular 
definition of these obhgations and the precise manner in which they 
are to be mutually discharged 

I regret most sincerely the opposition which the treaty negotiated 
by Mr. Riley has met in the Senate of the U. States and the causes 
which have produced it. The infamous course pursued by some two 
or three of our own newspapers in vilifying and abusing the country, 
its institutions and character, and misrepresenting all the actions of 
the Government I have no doubt have had much influence in pro- 
ducing this unfortunate state of things. I feel satisfied however that 
you will have done every thing in your power to counteract as far 



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COBKESPONDENCE WITH THE UNITED STATES, 127 

as time and opportunity rendered possible the slanders and the false- 
hoods uttered and circulated through these vile channels or by any 
other means. The licenciousness of a portion of the newspaper press 
in Texas gives cause of deepest mortification to every friend of decency 
and social order in it, and leads them frequently to doubt whether this 
licenciousness is not a greater curse to the country than the hberty 
of the press is a blessing. Certain it is that incalculable injury has 
been done to our cause by the course which some two or three con- 
ductors of papers here have pursued at this moment of peculiar 
national embarrassment. 

The friends of Texas however must not for a moment despair 
She will triumph over every difficulty, and over all her foes internal 
and external. 

The present policy of the government towards Mexico is to stand 
on the defensive This policy has been strictly pursued as far as 
practicable, and will be continued Texas has not the means neces- 
sary to carry on oflfensive operations against her enemy. The late 
Campaign under Gen. Somervell was not projected or recommended 
by the President. It was merely sanctioned to satisfy popular clamor, 
amd as the volunteers under him wished to cross the Rio Grande and 
were determined to do so right or wrong to clothe the expedition 
with legal authority that in case it was unfortunate, and our citizens 
should fall into the power of Mexico they could not be regarded or 
treated by the authorities of that (Jovemment otherwise than lawful 
belligerents acting under sanction of their own Government. 

I have just received a communication from Viscount Crameyel " 
Charg6 d' Affaires of his Majesty the King of the French on the subject 
of the triple interference by France England and the U States, in 
relation to the existing difficulties between Texas and Mexico [a copy 
of which is enclosed] for your information and corresponding action * 

In case Mr. Thompson the United States Minister has not been 
already instructed on the subject, it will be well to bring it to the 
notice of Mr. Webster with a request that it should be done, as early 
as practicable in the event the United States are willing to join the 
other two powers in concerted action. 

I send the copy of the original as I have not had time to procure a 
translation 

I have the honor to be 

with the highest respect 
Your Ob Svt 

(Signed) Anson Jones 

aCramayel. 

b For this lett«i:« see Corresponcleaoe with France. 



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128 american historical association. 

Houston to Eve.** 

(Extract.) Washington [Texas], 17th. February, 184S. 

To Hon. Joseph Eve: 

My dear Judge — I find, as news reaches me both from the United 
States and Texas, that the subject of annexation is one that has 
claimed much attention and is well received. I find that even the 
oldest settlers — even some of the original "Three Hundred",* are as 
anxious for the event to take place as any that I meet with. How 
the project is tb ultimate, it is impossible to divine. The democracy 
of the United States is in favor of the measure; and if it should 
become a political lever, both of the political parties will sieze hold 
of or grasp at the handle. But of these matters you can judge better 
than it is possible for me to do. You have more sources of informa- 
tion than I can have. 

Truly thy friend, 



Taylor to the Adjutant General of the United States Army 

[Jones] *' 



Eve to Waples.^ 

(UnoflBcial) Legation of the United States 

Oalveston February 27 tk 184S 
The Hon. Joseph Waples 

Sir Your note of the 13th January * was not received untill by 
the last boat from New Orleans or it would have been answered 
sooner. By some mistake it was taken to Orleans, and one from 
Genl. Burleson in which he promises to remove my Archives to Wash- 
ington so soon as he returns home, were both sent me from Orleans. 
My Books as well as yours are at Austin I however send you a 
copy of my instructions hoping it may reach you in time and answer 
your purposes. 

I am very Respectfully your 
Obedient Servant 

Joseph Eve 

a See Records of Department of State (Texas), Book 40, p. 220. 

b The designation applied to the first group of colonists brought to Texas by Stephen F. Austin. See 
QmHerlv of the Texas StaU Hittorkal Association, 1, 106-117. 

c February 22, 1843. See Eye to Jones, April 13, 1843 (first in order of this date), endoshig the letter 
named. 

dA.L.B. 

• No copy of this note has been foond. It must have contained a request for forms for letteiB of instnio- 
tion and of credence. 



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COBRESPONDENCE WITH THE UNITED STATES. 129 

Department op State 
Washington [City] 16ih. June I84I 
To Joseph Eve Esquire 

Appointed Charge d' Affaires of the United States To Texas 
Sm 

You have received your commission as Charge d' Affaires of the 
United States to Texas and have taken the oath prescribed by the 
Constitution. 

Herewith are communicated to you the following documents which 
you will find useful or necessary in transacting the business of your 
mission. 

1. A sealed letter accrediting you to the Secretary of State of 
TexaS; and an open copy of the same. 

2. A special passport. 

3. A cipher to be used as occasion may require in your correspond- 
ence.* 

In the general instructions I am directed on my arrival at the seat 
of Government of Texas, to address a note to the Secretary of State, 
or to the Secretary of foreign affairs if there be such an officer poUtely 
asking when it will be convenient for the Executive to receive and 
give me an audience. Upon my reception by the Executive, to hand 
him my sealed letter of credence, and to make him a brief oral 
address and amplify in the name of the President of the United States 
the expressions of good will towards that RepubUc contained in my 
letter of Credence. ^ 

Various other instructions are given such as a constant and polite^ 
and decorous entercourse with the Executive and officers of Govern- 
ment to attend to the rights of the Gtizens of the United States 
etc. etc. 

J Eve 

P. S. In your letter of credence to your Minister you state to the 
Executive of the Government to which he is accredited the object 
of the Mission with expressions of good will etc and requesting that 
full faith and credit may be given to your Minister. 

J Eve 

Resolution op United States Senate Ratifying Treaty of 
Amity, Commerce and Navigation between the United 
States and Texas.** 



Potter to Green.*' 



a Here the copy ends; the statement of instructions is summarized. 
h March 3, 1843. See Daingerfleld to Jones, March 10, 1843. 
« March 10, 1843. See Eve to Jones, AprU 28, 1843. 

39728**— VOL 2, ft 1—11 8 

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130 american histobical association. 

Daingerfield to Jones.** 

Washington City U States 

March 10th I84S 
Hon Anson Jones 

Secretary of State 

Sm 

In my last communication of date the 14th of Feby (N Orleans) I 
had the honour to inform you that having completed the buisness with 
which I was charged at N Orleans I should in pursuance of my instruc- 
tions proceed immediately to Washington. This I did but the Steam 
Boat Queen of the West in which I embarked having snagged and 
simk near Shawnee Town and the ice running very heavily in the 
Ohio I was notwithstanding all my exertions to reach here and my 
not delaying a moment on the route so retarded, that I did not arrive 
at Washington imtill the day before yesterday. Within an hour 
after my arrival I delivered to the Hon Mr Van Zandt, the Treaty 
with which I was entrusted, fortunately notwithstanding its many 
accidents and transhipments in perfect good order; I also delivered 
to him the full copy of the Laws, with which I was directed to furnish 
him. 

The Department of State is of course informed that the treaty has 
not been ratified; this failure I am convinced, not only by what I 
learn here but by information obtained before my arrival is the result 
of our own demagogical madness and diabolical insubordination at 
home. An entire want of confidence in the stability of our institu- 
tions, the result of our own. folly and wickedness forbids the possibihty 
at present of this treaty being ratified. All that zeal the most ardent, 
industry the most untiring and address the most adroit could do in its 
favour has I am convinced been done. Its fate will remain imchanged 
imtill that change be brought about by our own reformation. 
Although I do not feel as sensibly as some others the evils which 
this failure of the treaty may give rise to, Yet the stain which the 
cause of its rejection leaves on the escutcheon of my coimtry is to me 
like a wound to my own personal honour. In its blackness all 
calculations of profit or loss from the commercial stipulations of the 
treaty are lost, and swallowed up. In accordance with yr instruc- 
tions I shall endeavour to convey to the Hon Mr Van Zandt all the 
information with regard to matters at home in my possession. I 
shall await here the arrival of the fidl powers alluded to in yr private 
communication of the 13th of Feby which came to hand last night. I 
have not as yet seen the Belgian Minister but shall do so in a few 
days. I have the honour to remain 
Yr most obedt Svt 

Wm Henry Daingerfield OhargS dec <Sbc 



aA. L.S. 



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OOBBESPONDENCB WITH THE UNITED STATES. 131 

PJQclosed is a copy of the resolution of the Senate of the United 
States consenting to the. ratification of treaty of amity, commerce, 
and navigation between the United States and Texas with an amend- 
ment.*] 

Websteb TO Van Zandt.* 



Eve to Jones/ 



Eve to Jones.^ 

Legation of the United States 

Oalveston March ISth I84S 
The Honble. 

Anson Jones 

Secretary of State of Texas 
Sm 

I have the honor to acknowledge the receipt of Mr. Waples note of 
the 25th. of January, upon the subject of a second white boy having 
been reclaimed from the Indians by General Taylor.* 

Your note of the 31st. of January on the subject of the interference 
by citizens of Texas, with the Chocktaw Indians. 

And also your note of the 5th of February in relation to the claim 
of Captain Means upon this Government for the detention and dam- 
ages of the Brig retrieve of which he was Master; In which last note 
you remark that the President instructs you to say he regrets that 
the only means at his disposal, under the law of Congress are the 
Exchequer bills, and that he is not authorized to disburse them, 
except at their par value. The best therefore which he can do is to 
offer Capt Means the alternative of receiving the amount of his claim 
in exchequer bills now, or have the matter refered to Congress for 
its future action. As I have written to the owners of the Retrieve 
informing them of your proposition to pay them eleven himdred 
dollars in Excequer Bills, I deem it unnecessary for me to make any 
conunent upon your proposition until I hear from them. 

I have been informed by several Members of Congress, that an 
appropriation of six thousand five hundred dollars was made at the 
late session for the benefit of General Thompson on account of the 
money advanced by him to the San Taf6/ prisoners; But I have 

a See Journal of the Executive Proceedings of the Senate, VI, 188-189. 

b March 11, 1843. See Van Zandt to Jones, March 13, 1843. 

c March 13, 1843. See Calendar of Corre8i>ondence with the United States in Part I. 

d A. L. S. 

« For thl3 paragraph and the next see U. S. Pub. Docs., 060, Doc. 14, p. 108. 

/Santa F4. 



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132 AMERICAN HISTORICAL ASSOCIATION. 

not been informed when or how it is to be paid; I have waited with 
some anxiety, to hear from you when and how this just and meri- 
torious claim is to be paid. 

I shall feel much gratified to have it in my power, to Inform General 
Thompson, that the amount appropriated by Congress for his benefit 
is ready for him. It is of much consequence to him to receive it as 
soon as possible in order to relieve himself from his pecuniary embar- 
rassment incured by indulging the kindest feelings to the citizens of 
Texas. I therefore again call your attention to this subject and ask 
for as early a reply as may be convenie[n]t for you to give me. 

With renewed assurances of respect 
I am your obt servt 

Joseph Eve 



Van Zandt to Jones.** 

Despatch No. 97. 

Legation of Texas, 
J\^M7igton [City] 13th March I84S. 
Hon Anson Jones 

Secretary of State of the Republic of Texas, 
Sir 

On the 8th Inst I had the high gratification to receive your very 
able and interesting despatches of the 23rd and 31st January and of 
the 10th ulto. enclosing therewith the narative of A Neil Esqr. and 
the orders and instructions given to Genl Somerville for the prose- 
cution of the campaign across the Rio Grande. I regret that these 
despatches have been so long detained by the way, had they have 
come to hand at an earlier day, I should have been enabled to have 
refuted successfully the many misrepresentations which have been 
made here in relation to the different matters of which they and the 
accompanying documents treat. I hope they may yet avail as 
much, though I fear it may be said, that, Slander has performed its 
office — ^its work is complete. 

I have also the pleasure to inform you that the Hon Wm. Henry 
Dangerfield ^ arrived in this City on the 9th Inst and left again on 
yesterday for Baltimore where he will remain a few days and then 
return here. I have learned much valuable information from Col 
Dangerfield in relation to our affairs at home as well as the views 
and policy of the Government with regard to the future, which I 
hope may enable me to direct my efforts so as to meet the concurence 
and sanction of the President and Secretary of State. 

In my last despatch I expressed the hope that an early and favor- 
able action would be had upon the treaty then pending before the 

a L. S. fr Daingerfleld. 



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CX)BBESPONDENCE WITH THE UNITED STATES. 133 

Senate of the United States. This opinion was formed from state- 
ments made to me by the Hon. Mr Archer Chairman of the Committee 
on foreign relations and the views expressed by other prominent 
members of the Senate. The result has however turned out other- 
wise, no action was taken by the Senate untill the last hours of the 
session on the night of the 3rd Inst, when they ratified the treaty 
with an amendment by striking out the 4 and 5th Articles which to 
my mind amounts to a virtual rejection of the whole not that many 
good features are not still retained, but, that it is not the interest of 
Texas at present to conclude any treaty with the United States 
which shall not embrace a provision for the free entrance of our 
Cotton and the imencumbered navigation of those streams which 
take their rise in Texas, and either form the boundary between the 
two countries, or flow into the United States, and empty into the 
Sea within their territory. Nothing can of course be done with the 
treaty further, untill the meeting of the next Congress in December, 
previous to which time, I shall avail myself of an opportunity to 
speak more at length in relation to the treaty as ratified by the United 
States Senate. I send you herewith copies of the confidential note 
of the Secretary of State of the United States and the procedings of 
the Senate as certified by Asbury Dickens Esqr Secretary of the 
same. This result I am very sure will be much regreted by every one 
who feek an interest in the mutual welfare of both countries, but by 
none more than myself, not entirely on account of the loss of the 
treaty itself, though this I deeply lament, but the causes which pro- 
duced this unfavorable determination are more to be deplored. 
When my last despatch was written the inteligence of some internal 
dissentions in the country and army had reached here, but by an 
untiring exertion, aided by the news of the promptness of Genl Som- 
erville's action at Laredo in suppressing the spirit of insubordination 
which had manifested itself there, I was enabled to show to the 
committee to whom the treaty had been refered that the laws and 
constituted authorities were yet supreme, and thereby sustain the 
totering fabric of confidence which had [been] noding to its fall. 
The committee had determined to make a favorable report upon 
the treaty, (but it has been wisely said, we know not what a day 
may bring forth,) soon after this, came the news of the division and 
split of the army, and the disasters which befell Col Fishers Com- 
mand,'^ and with it came the anathemas and abuse which seemed to 
be poured out, without measure upon the Government and Country 
by some of our presses and letter writers, whose eloquence seems 
never so vivid, as when attempting to hold up in derision the consti- 
tuted authorities of the Republic. These things were read and copied 

• Col. William 8. Fisher was elected to command the Tezans engaged In the Mier expedition after it waa 
abandoned by Qeneral Somervell. 



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134 AMERICAN HISTORICAL ASSOCIATION. 

into the newspapers here, and reiterated throughout the land, their 
effects you may readily judge, the efforts of our friends were palsied 
as if by a paralytic stroke, the hopes of our Opponents revived, 
while the remaining confidence which had existed in our institutions 
as if borne down by a mighty avalanche either disappeared beneath 
the ruins or was only seen in the disjointed and weiiened fragments 
of the hopes of our unmoved friends. Mr Archer informed me that 
every Senator who spoke upon the matter in opposition said they 
were willing to grant us by legislative action all the priviledges which 
were c^ded to us in the articles stricken out, but that our apparant 
situation would not justify them in ceding such important provi- 
sions by treaty stipulations and thereby place them beyond their 
control for ten years, if granted by legislative act they could repeal 
it whenever they saw proper should any change take place in our 
affairs which would call for it. Mr Archer also said he would pledge 
himself if desired to bring in a bill at the next session for that pur- 
pose. This and my preceding dispatches will thus give you" the 
history of the matter so far as the same has come to my knowledge 
with the various causes which have operated at different times to 
retard the action of the Senate and to bring about the final result, 
which I have used every exertion in my power to avert. I annex 
for the information of your Department a private communication 
which I addressed to Mr Archer chairman of the conmiittee on for- 
eign relations while the treaty was before the committee. As I 
before remarked further action of course will be suspended untill 
the meeting of Congress in December, if during this time order can 
be restored, the people united, the laws respected, subordination 
prevail, our friends who wield the pen or speak aloud will but talk 
and write in our country's cause and Texas present an undivided 
front I do not entertain a doubt but that the late panic will have 
passed away, confidence be again restored and that the Senate will 
reconsider its vote and adopt the treaty as originally presented, for 
this reason I hope the Senate of Texas will not act upon the matter 
imtill an opportunity is afforded the Senate here to revise its decision. 
I reed at the hands of Col. Dangerfield the ratified Copy of the treaty 
forwarded by him. 

In a former despatch I informed your department that I addressed 
to Mr Webster Secretary of State on the 14th of December last a com- 
munication upon the subject of the character of hostilities waged by 
Mexico against Texas invoking at the same time the interposition of 
the United States to arrest the same and to require of Mexico either 
to recognise the independence of Texas or make war upon her accord- 
ing to the rules of civilized nations. Mr Webster afterwards in a pri- 
vate conversation informed me that the same had been laid before the 
President of the United States who had given it a favorable considerft- 



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COERESPONDENCE WITH THE UNITED STATES. 135 

tion and that it was the intention of his Government to seize the ear- 
liest favorable opertunity to make a representation to the Mexican 
govt, upon this subject. Afterwards I reed the note of Mr. Webster 
in reply dated 2nd Feb last informing me that copies of my commu- 
nication of the 14th Dec and 24th Jany had been transmited to the 
Mimster of the United States in Mexico with instructions concerning 
the same A copy of Mr Websters note is herewith annexed. Sub- 
sequent to the date of the reply I was told by Mr Webster in a per- 
sonal interview had at the State Department, that, the Govt of 
Texas having in its late movements towards Mexico acted in viola- 
tion of the policy which ^he had formerly avowed and attempted a 
retaliation for the injuries which had been inflicted upon her, the 
government of the United States could not feel justified to adopt 
the measures which it at first intended. I endeavored to show to 
Mr Webster that any apparant diversion from our former course was 
not to be attributed to the Govt authorities but to individuals acting 
in violation of orders, these thing I was unable to fully establish, for 
the want of authentic information concerning the facts as they existed 
Mr Webster said in reply that it was impossible to draw the distinc- 
tion at all times between those who acted by authority and those who 
acted without, and if such numbers acted not only without but in 
violation of orders it was one of the strongest grounds to prove that 
we were without a government or in other words the (Jovt had lost 
its force. I am much gratified in deed that this matter has reed so 
much of your attention in your last despatches. 1 shall immediately 
address the Secretary of State here upon the subject and enclose 
therewith the narative of A Neill Esqr and a copy of the orders 
directed to Genl Sommerville which must fully (as I conceive) vin- 
dicate the course of the govt in the measures which have been taken. 
Mr Southall bearer of dispatches from the American Minister in Mex- 
ico to the Govt here reached this place a short time since, after his 
arrival I called upon Mr Webster who informed me that Mr Thomp- 
son had approached the Mexican Govt upon the subject of Texas and 
that Mr Thompson reports that all attempts at mediation are wholly 
useless. 

Since my last despatch I have privately and confidentially pre- 
sented the situation of our affairs to the President and one of the 
prominent members of his cabinet and submited to them the pro- 
priety of the United States announcing to the world that the inde- 
pendence of Texas shall be maintained and that the war waged by 
Mexico against us shall cease in toto. I have urged in argument, 
that, it was the aboUtion of slavery which was avowed by Mexico 
as a prime reason for an attempt to resubjugate our country, and 
that this is but an indirect attempt at abolition in this country itnd 
calculated to encourage that growing faction here. Aside from this 



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136 AMERICAN HISTORICAL ASSOCIATION. 

the movements of the British Govermnent can not be looked upon 
in any other than a suspicious light towards Texas, the known pol- 
icy of England upon the question of Slavery and the assertions of 
those connected with her Grovemment that equivalents could be 
had by Texas for her slaves if they were freed, show evidently that 
it is a darling project of hers to see established in Texas a free state 
peopled by'Anglo Americans. Could she succeed in this, the history 
of the Southern States would soon be written. To accomplish this 
England knows that Texas must be reduced to the last extremity 
before the question could be entertained. This matter as I before 
remarked was presented to the President and one of his Cabinet con- 
fidentially — the President listened with much attention and replied 
he would take the matter into serious consideration. I afterwards 
on Monday last called to see him when he told me that Mr Webster 
had been directed to approach the French Minister on the subject 
and that if the French Grovemment would unite with the United 
States that he would immediately take an action upon the matter. 
I shall not make any written communication to the United States 
govt, which will state any of the facts just related but will continue 
verbally to ui^e the measure. If the jealousy of this govt can be a 
little more excited, all the points at which they have stickeled would 
be easily surmounted and they would take an open and bold stand 
in our behalf. This course I believe now can alone secure us peace 
from Mexico while Texas remains in her present position as a seper- 
ate Government. In the communication which I shall first address 
the Secretary of State here I shall endeavor in pursuance of your 
instructions to enforce as far as I can the doctrine of the propriety 
of this government interposing to arrest the predetory warfare of 
Mexico against us. I hope that the views which I have laid confi- 
dentially before President Tyler may meet your approbation, should 
they do so I trust I will be favored with the views of your depart- 
ment in relation to the same. I presume that no step will be taken 
upon the subject untill the French Minister can consult his Grovem- 
ment. I will write Dr Smith on the subject by the next packet. 

I am gratified to learn that my efforts on the subject of annexation 
have met the approbation of yourself and his Excellency the Presi- 
dent. I have let no opportunity pass to bring this matter to the 
consideration of President Tyler and his Cabinett who assure me of 
their ardent desire to accomplish that object, the views submitted 
by you in relation to the proposition I most cordially concur in. The 
President informed me in our last interview that I might rest as- 
sured, that, the moment he considered it safe to do so he would 
advise me of the desire of his Govt to enter into the negotiation. 
The President is much embarrassed at this time his principle nomi- 



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COBBESPONDENCB WITH THE UNITED STATES. 137 

nations having been rejected by the Senate. I allude to Mr Wise 
who was nominated as Minister to France and Mr Gushing to the 
Treasury Mr Wise's sentiments you know in relation to annexation 
Mr Gushing though from the North was pledged to go for it. Mr 
Spencer has succeded to the Treasury Mr Webster will no doubt 
retire in the course of two or three weeks. Some other changes are 
spoken of, after which, when all becomes settled a better oppor- 
tunity will be afforded for operation. Let our people and papers at 
iiome keep silent on this subject, too great an anxiety manifested 
there will only excite opposition here which might otherwise lie 
dormant. GenI Jackson has written an able and interesting letter 
on the subject which will be published in the Globe. I will fo[r]ward 
you a copy as early as it appears.** His influence is paramount with 
Mr. Tyler. 

I will keep your Department advised upon this matter, believing 
as I do, that, it is a subject of absorbing interest both to Texas and 
the United States, and that it is the determination of the administra- 
tion now in power in this country to make the effort to effect it. 

A few days before the adjournment of Gongress John Quincy 
Adams endeavored to offer some resolutions in the House of Beps. 
declaring that no power existed in the constitution authorizing the 
acquisition of foreign Territory and any treaty made to annex Texas 
would be cause of disunion, etc etc. The House refused to receive it 
or consider it. 

On the 3rd ultimo I addressed a communication of [to] Mr Web- 
ster upon the subject of the disturbances between the border citizens 
of Texas and the Indians residing on the boundary near Red River 
enclosing a copy of the extract from Jesse Bentons letter to your 
Department, also submiting the views heretofore contained in my 
instructions upon the subject of the transmission of the mails be- 
tween the two countries. I herewith send you a copy of the com- 
munication which will inform you more fully upon the subject. I 
had previously laid the same before the Post Master Grenl. who in- 
formed me that he was not authorized to require prepayment upon 
letters although he approved of the proposition submitted by me, 
the communication was made in writing that the same might be 
submitted to Gongress — this was done but- 1 regret to have to say 
that it remains I understand among the unfinished business of the 
session. 

Your request in relation to the blank forms of the Post Office 
Department shall be attended to at the earliest day possible. Mr 
Dangerfield delivered me a full copy of the laws for which I return you 
my thanks. 

oSee J^Um' Ecffitter, LXVI, 70. 



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138 AMERICAN HISTORICAL ASSOCIATION. 

You will please remember me to the President and the members 
of the Cabinet respectively. 

Wishing you success in the important duties of your station I have 
the honor to be with great and sincere regard your friend 
and Obedient Servant, 

Isaac Van Zandt 

P. S. I see published in the Inteligencer of this morning a report 
that the prisoners taken at Mier had escaped I send you the slip 
cut out." I fear that this is not true, but hopeing that it may be I 
will not make any further communication in relation to them untill 
I learn the truth of the report. 

I. V. Z. 



(Mr Webster to Mr. Van Zandt.) 

Confidential 

The undersigned Secretary of State of the United States has the 
honor to inform Mr Van Zandt Charge d' Aflfaires of Texas that the 
treaty between the two Countries signed in this city on the 30th of 
July, last was duly submited by the President to the Senate for its 
consideration with a view to ratification and that the senate dis- 
posed of this instrument on the 3rd Instant Mr Van Zandt will see 
from the enclosed copy of their resolution of that date that the 
Senate advised and consented to the ratification of the treaty with 
an amendment that the 4 and 5th Articles ^ be stricken out. 

The undersigned avails himself of this occasion to oflfer to Mr Van 
Zandt renewed assurances of his distinguished consideration 

(sgd.) Danl Wbbstee 

Department of State 

WasUngton [City] llth March 18j^. 

To the Honl Isaac Van Zandt 
etc etc etc 

[Here follow copies of the Senate resolution referred to * and of 
the following: Webster^ to Van Zandt, February 2, 1843; and Van 
Zandt to Webster, February 3, 1843.1 

a The clipping, wiiich is pasted on the sheet Just above the postscript, reads as follows: 

FROM ICATAlfORAS. 

The schooner Emblem arrived at New Orleans on the 1st instant from Matamoras, which port she left 
on the 19th of February. 

The captain reports that on the 226, while lying off the bar waiting for a pilot, news came that the pris- 
oners (Texians) captured at Mier with Colonel Fisher had risen upon their guard at Saltillo, overpowered 
them after a short struggle, and set out in haste for Texas. 

In oonflrmation of this rumor it is reported that Col. Kinney, who was about taking passage for the United 
States, had been arrested after the Emblem left Matamoras on suspicion of having some hand in assisting 
the Tezian prisoners to escape.— PfcayuiM. 

b See Part I, p. 623. 

c Bee Journal of the Executive Proceeding* of the Senate, VI, 188-189. 

tf See Calendar of Correspondence with the United States in Part I. 



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OOBBESPONDENCB WITH THE UNITED STATES. 139 

(Copy of communication addressed to Mr. Archer.) 

Washington Crrr 

lOfh. Jany I84S 
Hon Wm. S Archeb 

Chairman of the Committee on Foreign Relations. 

Sm: With your permission I beg leave to submit a few brief 
remarks upon some of the various points embraced in the treaty 
lately concluded in this City between the United States and the 
Republic of Texas. 

The Republic of Texas, having on the 19th day of May A D 1841, 
made known to the United States her intention to terminate the 
treaty of the 5th. of April A D 1831,** between Mexico and the United 
States, so far, as the provissions of the same, relating to commerce 
and navigation were binding upon the Texian Government, conse- 
quently by the provissions of the 34th. article of said treaty, since the 
19th. day of May A. D. 1842, all regulations upon the subjects of 
commerce and navigation have ceased between the United States 
and Texas. 

The contiguity and juxtaposition of the two nations — the frequent 
intercourse between their citizens, and the growing commerce carried 
on between them, render it essentially necessary, in order to avoid all 
difficulties and embarrassments, which might arise, as well as to per- 
petuate and strengthen the good feelings of friendship and national 
concord, which it is the interest and should be the desire of both 
Governments to foster and preserve, that definitive rules, in the 
nature of treaty stipulations, should be established for their mutual 
regulation and government. 

Assuming then, that a treaty is not only proper but necessary, the 
next inquiry arises; what should be its provissions ? In order that it 
may receive the sanction of the people of the two countries, and ensure 
a faithful observance of its conditions, and thereby accomplish the 
objects designed, it should be founded upon the basis of reciprocal 
utiUty and perfect equality. I am aware that in the negotiations of 
commercial treaties, superior facilities and advantages are always 
enjoyed by those who treat at home — this, taken in connection with 
the fact that the Republic of Texas is yet in her infancy, with a 
limited population and her resources but partially developed, it 
might be supposed that she would necessarily be compelled to make 
concessions without receiving an equivalent. But such a view I 
apprehend will not be found correct, it being neither compatible with 
the known independence of the people of Texas, nor the long estab- 
lished magnanimity of policy, which has characterized the Govern- 
ment of the United States. By assuming that the basis, of the nego- 
tiations, between the two countries, as before remarked should be 

• 8«e UnUed StaUs Treaties and OorwenUoru, e64-«75; UtdUd StaUt SUshUes at Large, Yin, 41(M29. 



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140 AMEBICAN HISTORICAL ASSOCIATION. 

founded upon the broad and liberal principles of independence, equal 
favors and reciprocity, all the incentives and all the opportunities, 
for over-reaching and double-dealing are thereby discarded and 
thrown aside. Neither Government should ask any thing, which the 
other can have any interest to deny. Neither should offer any thing, 
for which the other may be unwilling to give a fair equivalent. 

I will now compare the treaty which has been concluded," with the 
foregoing principles and see how far (should it be ratified) they will 
coincide. 

The first article provides for a lasting peace and friendship. 

The second article stipulates for a reciprocal liberty of commerce: 
that, ''the inhabitants of the two countries respectively shall have 
liberty to come with their ships and cargoes to all such places ports and 
rivers in the territories of the two countries, to which other foreigners 
are permitted to come, to enter into the same, and remain and reside 
in any ports of the said territories respectively, also to hire and occupy 
houses, and ware houses, for the purposes of their commerce, but 
subject always to the laws of the two countries respectively." This 
although entirely reciprocal in its character will be found in its effects 
to be more extensive in its benefits to the Government of the United 
States than to Texas. From the relative situation of the two 
countries — their great inequaUty of surplus capital, population, 
manufactures and commerce, a greater number of United States' 
ships, merchants and capitalists will always be found engaged in the 
trade and shipping of Texas, than of Texian ships, merchants etc in 
that of the United States. This is an advantage, which the United 
States may enjoy without any detriment to Texas, while such a pro- 
vission by the encouragement and protection mutually guaranteed 
by it to the commerce of both nations, is well calculated to strengthen 
the ties of friendship already existing between them. The last pro- 
vission of this article, withholding the coasting trade of either 
country, being in the nature of a reservation and not a cession, need 
not be noticed here. 

The 1st. provission of article 3rd. places the articles of growth 
produce or manufacture of either country in the markets of the other 
upon an equal footing with like articles imported from any other 
foreign nation. This provission, though in the nature of a mutual 
concession, possesses a prohibitory or negative character much to be 
desired by the United States. Texas is thereby prevented from con- 
cluding any arrangement with any other foreign power (that might 
be desirous of monopolizing her trade), by which the articles of 
growth produce or manufacture of such foreign power might be 
admitted into Texas, on more favorable terms than like articles, the 
growth produce or manufacture of the United States, thereby 

a See Part I, pp. 623-628. 



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OORRBSPONDENCB WITH THE UNITED STATES. 141 

guaranteeing to the United States a fair competition with other 
foreign powers in the trade of Texas, which trade must prove highly- 
lucrative to those who shall be so fortunate as to secure it. 

The next paragraph of the same article provides that, ''no higher 
or other duties or charges shall be imposed in any of the ports of the 
United States on Texian vessels, than those payable in the same ports 
by vessels of the United States; nor in the ports of Texas on vessels 
of the United States, than shall be payable in the same ports on 
Texian vessels." This though apparently equal will be found in its 
effects to give to the United States great advantages, while it may 
materially affect the revenues of Texas. The number of Texian 
vessels is remarkably limited and their tonnage generally light, the 
consequent charges upon them in the ports of the United States, 
which would be lessened by this provision, must be trivial in amount. 
On the other hand nearly the whole of the Texian shipments from 
the United States, being made in United States* bottoms, (which 
with other foreign vessels are chained in the ports of Texas sixty 
cents per ton on sail and thirty cents per ton on steam vessels and 
the tonnage duty thus collected from foreign vessels amounting as 
will be seen by reference to the collectors* retVuns of the different 
ports of Texas to near one fifteenth of the whole revenue received,) 
should Texas with a view to encourage and foster her own shipping 
(which has been the poUcy of every Government desiring to be inde- 
pendent) make the same difference in the tonnage duty between 
domestic and foreign vessels, as has been established by the United 
States, for the protection of their shipping, then the gain to the 
United States by the adoption of this provission. must be in propor- 
tion, as the amount of their shipping entering the ports of Texas, 
exceeds the shipping of Texas entering the ports of the United States. 

The 3rd. and 4th. paragraphs, of the 3rd. article provide that the 
same duties shall be collected by either country on the articles of 
growth produce or manufacture of the other, whether the same shall 
be imported into either country by Texian vessels or vessels of the 
United States. This provission will have the effect to reduce the 
duties now levied in the ports of Texas five per cent, upon such 
articles as are imported into that country in vessels of the United 
States, which are the growth produce or manufacture of the United 
States. This will be more fully explained by the following clause 
extracted from the impost laws of Texas, ''An additional duty of 
five per cent ad valorem shall be collected over and above that which 
the laws otherwise direct from all goods imported in foreign bottoms, 
with the exception of those foreign vessels, which by treaty or act of " 
Congress are permitted to enter on the payment of domestic duty". 
Such a provission may likewise be contained in the revenue laws of 
the United States, this however I have not had an opportunity to 



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142 AMERICAN HISTORICAL ASSOCIATION. 

ascertain: should it even be so, this provission must still result with 
greater advantage to the United States, in proportion to the amount 
which their exportations to Texas in United States vessels exceed 
the exportatifons of Texas to the United States in Texian vessels, 
which excess as has already been shown is very great in favour of the 
United States. 

The last paragraph of the 3rd. article, relates to drawbacks upon 
the exportation of goods the growth produce or manufacture of either 
country, and when reexported from either country in the vessel of 
the other party to any foreign nation, the party from whose country 
such reexportation is made, reserves to itself the right, of regulating 
or diminishing the amount of the said drawback. This provission 
though important for the future, at present would be very limited 
in its effects upon either country. It is not probable that any 
exportation will be made to Texas from the United States, for some 
time to come with a view of reexportation by river or sea to any other 
foreign nation. The only case, in wliicli this provission will probably 
operate, will be in the exportation of the products of Texas to the 
United States, and from thence to be reexported to Europe. By the 
adoption of this provission the United States will have the power to 
diminish the drawbacks allowed to such an extent (when the re- 
exportations are made in Texian vessels) as may amount to a pro- 
hibition, and thereby secure to themselves the carry ing trade of all 
articles the growth, produce or manufacture of Texas so reexported. 

By article the 4 th. "the two contracting parties agree that theSabine 
from its source to the sea, the Red river and all rivers, having their 
sources or origin in the territory of Texas, running in part of their 
course through that territory, or forming the boundary between Texas 
and the United States and emptying into the Mississippi, and the 
Mississippi itself, from and including the mouth or mouths of said 
rivers to the sea, shall be free to be navigated and common to both 
nations, and that no duty shall be levied or collected upon any arti- 
cles the growth, produce or manufacture of Texas, originally trans- 
ported down the above named rivers, or transported for the purpose 
of descent and exportation to any port or places situated thereon, 
provided however, that it shaU be lawful for the Presidents of the 
United States to establish such rules and regulations, as may be neces- 
sary, for the proper observance of the stipulations contained in this, 
and the next succeeding article." In this article the right of entrepot 
is indirectly ceded to Texas, but as the same is more fully couched in 
article 6th. I will pass it over for the present, and confine myself to 
'the remaining stipulations of the article above set forth. 

The privilege, of the navigation of the several streams before 
alluded to (which take their rise in Texas) throughout their whole 
course to the sea, cannot be considered as a cession on the part of the 



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COBRESPONDBNCB WITH THE UNITED STATES. 143 

United States to Texas, but is a natural right belonging to Texas. This 
position I presume no one will attempt to controvert: should it how- 
ever be doubted, the doctrine heretofore held by the United States, 
during the controversy with Spain in 1792 in regard to the rigjit of 
navigating the Mississippi within the Spanish territory," as well as 
the doctrine afterwards held by the United States, in the controversy 
with Great Britain in relation to the navigation of the St Lawrence, 
which both takes its rise and empties into the sea within the British 
territory,'' will establish the principle upon which this right is founded. 
This right is rested upon the principle, that the Ocean is free to aU 
men, and its rivers to all their inhabitants — that whenever these rivers 
enter the limits of another nation, from that in which they take their 
rise, or through which they flow, if the right, of the upper inhabitants 
to descend the stream, shall be in any wise obstructed or denied, it is 
but an act of force by a stronger society against a weaker condemned 
by the judgment of mankind. It is also a principle that the right to a 
thing gives the right to the means without which it could not be used, 
that is, the means follow the end, and the right to navigate a river 
draws to it a right to moor vessels to its shores — to land on them in 
cases of distress, or for other necessary purposes. This principle is 
founded in natural reason and evidenced by the common sense of man- 
kind. Mr Jefferson, in his instructions to the United States' Minis- 
ter in Spain, in 1792, contended that this incidental right extended 
even beyond the shores, when circumstances render it necessary to 
the exercise of the principal right. The only modification which this 
right admits of, is when its free use would conflict with the safety and 
convenience of the nation through which the upper inhabitants are to 
pass. Hence arises the power to establish rules for its government 
and exercise. But then it is a right as real as any other right how- 
ever well defined, and should it be refused or so shackled, by regula- 
tions, not necessary for the peace and safety of the lower inhabitants, 
as to render its use impracticable, it would be an injury for which the 
party injured should be entitled to redress. The law of nature, in its 
great outlines, though suflBciently understood, does not always reach 
the minuter and more compUcated details necessarily called for by 
the various wants of commerce and navigation: for this reason, the 
ocean itself has been subjected in many instances, by numerous 
treaties, to various regulations. The power to prescribe these rules 
has been delegated by this article of the treaty to the President of the 
United States. The free navigation of the streams before alluded to, 
as now contended for, wiQ possess none of the difl5culties suggested — 
the exercise, of this right so far from endangering the peace and safety 
of the inhabitants of the United States, situated and residing upon 

a See American State Papert, Foreign Relations, 1, 251-263, pastim, 
ft C/. Woolsey, IiUematUmal Law, 82. 



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144 AMERICAN HISTORICAL ASSOCIATION. 

these streams below where they emerge from the territory of Texas, 
would on the contrary greatly promote their interest and contribute 
to their wealth. 

By article 5th. the two contracting parties agree that on all articles 
the growth produce or manufacture of either country, sent from one 
country to the other by land, river or sea and exported to a foreign 
country no duties or charges shall be required to be paid to the 
power within and from out of whose limits such articles arrive and 
depart: that they may be repacked for exportation, under the 
inspection of the proper authorities, and at the expense of the party 
interested, and that raw cotton the produce of either country may 
be imported into other free of duty for five years, from the exchange 
of the ratifications of this treaty." This article in a commercial 
point of view may be considered as perhaps the most important 
embraced in the treaty. In order to understand the advantages — 
the policy — the faime^ and equality of its provissions, it is necessary 
to examine and compare its probable effects, upon the various inter- 
ests of the two countries. The geographical position of Texas — 
the habits and pursuits of her people — her principal population 
being at present embraced between 28 and 34 degrees of north lati- 
tude and her soil being well adapted to the production of the great 
southern staple, mark her's as emphatically an agricultural coxmtry. 
The only articles which she may expect to export will be her agricul- 
tural products: the great item of which, and perhaps the only one 
to any extent for the present will be the article of raw cotton. Texas 
then, by the provissions of article 5th, would secure to herself the 
privilege of discharging and repacking for re-exportation, under the 
inspection of the proper authorities, at the ordinary expense attendant 
upon the same, her cotton destined for European markets, and the 
additional privilege of disposing of the same for the term of five years 
within the limits of the United States free of duty. A large portion 
of the citizens of Texas having emigrated from the United States — 
the habits, language and religion of the two countries being the same, 
and the institutions of the former having been derived from the latter, 
it is but natural to suppose, that the people of Texas, should prefer 
and desire to carry on their principal trade with the citizens of the 
United States, when they can do so, without material detriment 
to their commercial interest. The limited amoimt of her shipping, 
and consequent limited means of conveyance within herself render 
it the interest of Texas to procure a market for her products as near 
home as possible, and thereby obtain a speedy return for these 
products, and a ready supply of such articles as she may desire to 
purchase abroad, and import into her own country for consumption. 
This object may be said to be attained in a great degree for the next 
five years, by the provissions of this article of the treaty, after which 



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COBRESPONDENCB WITH THE UNITED STATES. 145 

the privilege of selling Texian cotton in the markets of the United 
States free of duty would expire by its own limitation without a 
notice of a desire to terminate it by either party. The right of 
entrepot and repackage ceded by this article would result with much 
convenience to the people of Texas, so long as their principal trade 
shall be confined to the United States, especiaUy that portion of our 
citizens residing in eastern Texas, whose outlet to market must be 
through the channels of the various rivers aUuded to in article 4th: 
their natural right being confined as before stated, to the privilege 
of free navigation without that of entrepot and repackage, under 
ordinary circumstances. The question is then presented, Can the 
United States cede to Texas these privileges without detriment to 
their interests? or will they not by these reciprocal stipulations 
greatly advance and promote their individual and national wealth? 
The only objection which has been attempted to be urged, but which 
upon examination will be found to be entkely groundless, is, that by 
the admission of Texian cotton in the markets of the*United States 
free of duty an imdue competition would thereby exist which would 
be detrimental to the cotton growing interest of the United States. 
If the United States were the only consumers and manufacturers of 
raw cotton, this objection would hold good, but it will be recoUected 
that the United States are not only consumers of the raw material, 
but are exporters to a much greater extent, consequently it matters 
but little so far as the cotton growing interest of this country is 
concerned, whether Texian cotton is met in the markets of this 
country, or competed with in the markets of Europe, in fact the mar- 
kets of Europe, with regard to the article of cotton, control the price 
in the markets of the United States, and therefore any competition 
it matters not how formidable that may arise in the article in the 
ports of the United States, can have no effect upon the current 
prices of that great and leading staple. 

The tonnage duty, now levied by the French and English Grovem- 
ments in their ports on vessels of the United States, when freighted 
with Texian cotton, is established at a rate so high that the tonnage 
in many instances would amount to more than the ordinary freight 
of the vessel, and consequently has the effect of a prohibition. The 
entire crop of Texian cotton sent to European markets under the 
existing state of affairs (it matters not whether the same is shipped 
from the ports of Texas direct or reexported from the ports of the 
United States) is now compeUed to be carried on board of European 
ships. It will be readily seen that by the admission of Texian cotton 
into the ports of the United States free of duty, the same would lose 
its identity and become mixed with and shipped as United States 
cotton, which taken in connection with the provissions of a former 
article would undoubtedly secure to the United States the carrying 

39728**— VOL 2, PT 1—11 ^10 



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146 AMERICAN HISTORICAL ASSOCIATION. 

trade of Texas, by which a profitable employinent will be had for a 
large number of their merchantmen, which would otherwise be 
secured by Eiux)pean ships. The United States would not only 
secure the carrying trade, but would become the great store-house 
from which Texas would procure nearly the whole of her foreign 
supplies, which have heretofore exceeded the amount of her exports. 

The great manufacturers of the north would here secure against 
European competition (for such would undoubtedly be the eflFect) 
a growing and extensive market for the various articles manu- 
factured by them, such as cotton fabrics of every character, lindseys, 
jeans, broad cloths hats boots and shoes and articles manufactured 
from steel and iron, including fire arms, implements of war, farming 
utensils and implements of husbandry; also the various articles of 
furniture etc manufactured of wood — ^glass and tin ware saddlery 
etc etc etc, while the farmers and planters of the west would find 
consumption and a market for their immense quantities, of surplus 
produce, such as flour, bacon, lard etc, thereby giving both in the 
north, and west profitable employment to a large number of laborers, 
who must otherwise remain idle and unemployed. Thus it may be 
seen that this cession of privilege to Texas will not only act without 
detriment to the United States but will result directly to their great 
and eminent advantage. 

The privilege of entrepot and repackage is not exclusive, but 
entirely reciprocal and opens to the enterprise of the United States 
through the territory of Texas extraordinary inducements. The 
United States, imder the provissions of this article of the treaty, 
would possess the right to ship the articles of growth, produce or 
manufacture of every character, of their own country to Texas with 
a view of reexportation free of charge or duty, thereby opening a 
highway to their citizens to the extensive &nd lucrative trade of 
the States of Eastern Mexico, being the nearest route by which many 
of those states can be reached; the most wealthy, of which, must 
from their pecuUar locality, sooner or later, receive their supplies 
through Texas. I aUude to the northern portion of the States of 
Tamaulipas and New Leon, together with the whole of Durango, 
Coahuila and Chihuahua. This view of the case is neither vissionary 
nor ideal. While Texas constituted an integral part of the Mexican 
Nation, a most extensive and lucrative trade was carried on by the 
citizens of the above named Mexican states, with the city of San 
Antonio, and the various villages upon the western border, and even 
since the independence of Texas, and during the pendency of hostih- 
ties between Mexico and Texas, in the years 1838-9 and 40 not less 
than one hundred thousand dollars in gold and silver was annually 
brought into Texas by Mexican traders and exchanged for articles 
of merchandise. It will be recollected also that in the fall of 1840 



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CORRESPONDENCE WITH THE UNITED STATES. 147 

a caravan of traders, from the State of Chihuahua passed through 
Texas and descended Red river and the Mississippi to New Orleans, 
carrying with them nearly two hundred thousand dollars in the 
precious metals, which were exchanged in that city principally for 
dry goods. These traders returned by the route which they had 
come, being through that portion of Texas included in the counties 
of Red river and Fannin. The Americans, who accompanied that 
expedition, and have since returned, report the route as not only 
practicable, but easy to be traversed. If then such has been the trade, 
imder the circumstances which have existed in that quarter, it might 
reasonably be concluded that should the difficulties between Texas 
and Mexico be happily terminated, this trade would become one of 
gEeat importance. From these reflections I conclude that the pro- 
vissions of this article are not only necessary but higlily beneficial 
to the interests of both coimtries. Nothing is ceded to Texas which 
it is the interest of the United States to deny. Nothing is offered 
to Texas for which she does not render a fair and full equivalent. 

The 6th, 7th, 8th, 9th, 10th, 11th, and 12th, articles provide for 
the regulation of the commerce between the two coimtries, during 
the pendency of a war in which either of the contracting parties 
may be engaged, whilst the other is neutral, which is highly neces- 
sary for their mutual protection. As these articles contain nothing 
more than the ordinary stipulations, usual in such cases, I deem it 
unnecessary to allude to them in detail. 

The 13th. article provides that the citizens of either coimtry shall 
have power to dispose of their personal effects by sale, donation, 
testament or otherwise, and that their representatives, being citizens 
of either country, shall succeed to the said personal effects, whether 
by testament or ab-intestate, and may take possession thereof, either 
by themselves or their agents, upon paying the ordinary expenses 
etc. This together with the succeeding article, which secures protec- 
tion to the persons and property of the citizens of each country while 
in the territory of the other, as well as opening the tribunals of justice 
for the judicial recourse of the citizens of one country, in the Govern- 
ment of the other, upon the same terms as are usual and customary 
with the citizens of the country where the court is established, are 
important in order to secure to the inhabitants of both countries their 
proper rights, and provide for the numerous cases that daily arise. 

The 15th. 16th. 17th. and 18th. articles provide for the admission 
reception and government of consuls and vice consuls. 

The 19th. and 20th. articles provide for the suppression of hostili- 
ties among the various tribes of Indians, resident upon the western 
frontier, and for the return of captives taken by the Indians of one 
country, and carried into the territory of the other. These provis- 
sions are the same, as have heretofore existed between Texas and the 



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148 AMERICAN HISTORICAL ASSOCIATION. 

United States, and which have been productive of great mutual benefit 
to both countries. Interest and justice to the citizens of both coun- 
tries, as well as humanity to the Red man demand their ratification. 

The 21st. article provides for the apprehension of the criminals of 
one country, who have fled to the territory of the other. National 
justice, as well as the interests of humanity, calls for such a regula- 
tion. By its ratification my own country will be enabled to repel 
an imputation, which has heretofore been made, and which was as 
false as it was unfounded. 

The last article provides the manner of its ratification. 

I have thus briefly noticed some of the leading features of this, the 
first treaty of navigation and conmierce, which has been concluded 
between the United States, and the Republic of Texas. Taken in 
detached parts some of its provissions may present some inequalities — 
taken as a whole it may be considered perhaps as equal, under all the 
circumstances, and relative situation of the two countries, as could 
be expected. Should any of its leading features be rejected, I am 
satisfied that the fragments would not be worth preserving. Should 
it be ratified as a whole, I feel confident it will advance the mutual 
interest of both nations. The trade of Texas will be thrown into that 
channel in which the citizens of Texas desire it should go. The United 
States will have secured the trade of a growing and rapidly increasing 
market, which will prove a source of wealth to their merchants, 
producers and manufacturers, and a profitable and lucrative employ- 
ment to their shipping. 

I have the honor to be with high consideration 
Your very Obedient Servant 

(Signed) Isaac Van Zandt 



Van Zandt to Jones.'* 



Porter to Webster.* 



Eve to Webster.* 



Van Zandt to Jones.** 



Webster to Eve.* 



a Mafch 15, 1843. See Calendar of Correspondence with the United States in Part I. 
t March 15, 1843. See Eve to Jones, April 13, 1S43 (first in order of this date). 
e March 16, 1843. See Calendar of Correspondence with the United States in Part I. 
d March 16, 1843. There were two letters of the same date. For both see Calendar of Correspandenoa 
with the United States in Part I. 
« March 17. 1843. See Calendar of Correspondence with the United States in Part I. 



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cotle^pondence with the united states. 149 

Green to Eve.'* 



Van Zandt to Websteb.* 



Mexican Proposition for Peace made through James W. 

Robinson.*' 



Van Zandt to Jones. 
Dispatch 
No. 98. Legation of Texas 

Washington City 

April 6th. I84S 
Honorable, Anson Jones 

Secretary of State. 
Sm 

In my dispatch to your Department of the 13th. ultimo, in alluding 
to the amendments made to the treaty, by the Senate of the United 
States, I expressed the opinion, that, if a proper course were pursued 
by oilr people at home, confidence would again be restored in this 
country, and at the next session of Congress we might have reason to 
hope that the treaty would be ratified in its original shape, and that, 
therefore, the Senate of Texas should not act again upon the matter, 
until the Senate here had had an opportunity to revise its decission. 
So far as the course, proper to be pursued, was alluded to, as men- 
tioned above, I am now of opinion that I was partially in an err^r, 
and that the Senate here will take no action upon the same, until the 
treaty has been submitted to the Senate of Texas, with a view to its 
concurrence in the amendments proposed. Should the Senate of 
Texas refuse to concur, my present impression is that a new convention 
will have to be formed, of this however I will speak at another time, 
my present object being to coiTect the error of my former hasty 
suggestion, which was not properly scrutinized at the time it was 
indited. While on this subject, I will state for your information that 
a few days since it was made known, to me, by a gentleman who 
represents himself as being the holder as well as the agent of others 
who are holders of a large amount of Texas treasury notes, (this 
gentleman was introduced to me by a letter from Mr. Webster) that 
these holders, of our liabilities, intended to call upon the Grovemment 
of the United States to require of the Grovemment of Texas to make 
some provission, for the liquidation of their claims, or some arrange- 
ment, by which these notes should be receivable again, as heretofore 

a March 17, 1843. See Eve to Jones, Aprfl 28, 1843. 

b March 23, 1843. See Van Zandt to Jonesf April 5, 1843. 

e March 27, 1843. See Jones to Van Zandt, May 8, 1843. 



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150 AMERICAN HISTORICAL ASSOCIATION. 

for public dues, at certain stipulated periods of time, say, one, two, 
three, and four years. This gentleman further stated to me that he 
had made a written communication, to the Secretary of State, upon 
this subject, which was submitted to Mr. Archer, chairman, of the 
Committee on Foreign Relations, being the same to which I alluded in 
a former dispatch. He also stated that he had lately called the 
attention of Mr. Webster, and several Senators to this subject, all of 
whom, he said, concurred with him, that should another treaty, or 
convention be concluded between the two Governments, such treaty, 
or convention ought to contain a stipulation, for the adjustment of 
these liabilities. In reply to these remarks, I said, to the gentleman, 
that I had no instructions from my Govemident upon this subject, 
but if I had, of course, I could take no oflBcial notice of his propositions, 
unless the same were presented to me through his Government, but as 
a private citizen, of Texas, I would say that while that Government 
felt every disposition to meet its liabilities, at the earliest day possible, 
I felt very certain that such a provission, as had been intimated, by 
him, neither could, nor would be adopted. He then desired to know 
of me, if I would have any objection, to his making, to me, a written . 
communication, in relation to this subject. I replied that he could 
do so, if he thought proper, and that any communication, which he 
might make to me, I would take pleasure in submitting to my Govern- 
ment, for its consideration. He then said, on leaving, that I should 
hear from him soon. 

If the communication be made I will forward it to your Depart- 
ment as soon as received. No allusion has been made, to this subject, 
by Mr. Webster, in any of our late conversations, but I thought it 
proper to give you the substance of the foregoing conversation, some- 
what in detail that you might form your own conclusions therefrom. 

On the 23rd. ultimo, I addressed, to Mr. Webster, a communication, 
upon the subject of our Mexican relations, enclosing copies of the 
orders given to Genl. Somervell, and the narative of A. Neill Esq., 
which I had received from your Department. I herewith send you 
a copy, of the communication refered to. The objects, of which, as 
you will perceive, were to correct the erroneous impressions, which 
had been made here, in relation to the late movements of the Grovem- 
ment of Texas, and to place it in its proper light; and to again impress 
upon the Government, of the United States, the propriety, of a prompt 
and eflBcient interposition upon their part, in arresting the war 
between Mexico and Texas; and to secure a proper treatment to 
those of our countrymen whom the fortunes of war had placed, as 
prisoners, in the power of Mexico. In relating the details, of the 
treatment, which had been extended by Texas, to those Mexicans 
whom she had taken prisoners, and the contrast which had been 
presented by Mexico, in the infliction of numerous outrages, upon 



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CORRESPONDENCE WITH THE UNITED STATES. 151 

our citizens, who had been captured by her, I have copied principally 
the language used in my instructions, from your Department, believ- 
ing them to present the facts in their clear and most forcible light. 
Up to the present time I have received no reply to this communica- 
tion. Mr. Webster is now absent for a few days on a visit to Boston. 
At Mr. Webster's request I gave him a copy of the letter of the French 
Charg6 de' Affaires to your Department. 

In your Dispatch to me of February 16th. you make the following 
remark, in reply to my Dispatch number 95, which had been received 
at your Department, viz. ''I was somewhat surprised at that part of 
your communication number 95, where you expressed the opinion 
that this Department had acted, in probable ignorance of the fact, 
that the treaty, between Mexico and the United States, so far as 
Texas was concerned, had been ended in all things relating to navi- 
gation and conmierce, by a notice given to the United States, in 
accordance with the 34th article of said treaty; and I am at a great 
loss to understand to what particular acts you allude." In order that 
you may know upon what my opinion was founded, I would respect- 
fully call your attention to the following extract, from a Dispatch 
received from your Department, of August the 19th. 1842, viz. "The 
right, of Texas, to require this prohibition, on the part of citizens of the 
United States, is clearly deducible from the 33rd. article of the treaty, 
of Amity, navigation, and commerce, concluded etc." In the following 
paragraph you say "This treaty is in full force. Texas was, at the 
time it was concluded, a component part of the Mexican confederacy. 
She has never repudiated the treaty, nor disregarded its provisions 
etc. etc." An examination, of these extracts, I am sure, will lessen 
your surprise, and I think convince you that they furnish sufficient 
grounds for the suggestion, or the opinion, which was expressed by 
me, in my Dispatch No. 95. I concur with your Department, upon 
further examination, that the provission, in relation to Indians, con- 
stituting one of the features of amity embraced in the treaty, is yet 
in force, but in the dispatch of Your Department, of the 19th. of 
August, your remarks are not confined to the provission of amity; 
you say in imequivocal terms ' ' This treaty is yet in fuU force ' ' . Another 
fact I will state, which strengthened the opinion, which I expressed, 
it is this, that no measures had been taken to enforce that provission 
of our revenue laws, which provides that an additional duty of five 
per cent shall be levied, upon all articles shipped, or imported in for- 
eign bottoms, with the exception of those foreign vessels, which by 
treaty or act of congress, are permitted to enter, on the payment of 
domestic duty. If then, there exists no treaty stipulations, in regard 
to navigation and commerce between the two coimtries, I am at a 
loss to know why this additional restriction has not been enforced, 
against the commerce of the United States. The fact, that the same 



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152 AMERICAN HISTORICAL. ASSOCIATION. 

has not been enforced, certainly affords grounds for the suggestions 
which I made. I am aware that the collection of the revenue is not 
under the control of your Department, but at the same time it was 
to be presumed that so important a fact, as that, could not have 
escaped your attention. In making the suggestion, that it was prob- 
ably unknown to your Department that the notice to terminate the 
treaty had been given to the United States, it was not my intention 
or wish to impute '' Ignorance' ' to your Department, (that is the word 
used by you,) but knowing the fact that the records of your Depart- 
ment were at Austin, and that it was impossible for you to refer to 
them, I thought it probable that the same might have escaped your 
notice. This I hope will suflBciently disclose the causes which led 
me to make the remarks alluded to by you in your dispatch of the 
16th. of February last, and satisfy you of their then apparent pro- 
priety. 

a* « « :|e * ♦ ♦ 

I will write to you again, in the course of next week, by which time, 
I hope to be enabled to communicate to you the determination of 
this Government, upon the subject of interposition. 
I have the honor to be with high 

regard Your Obedient Servant 

Isaac Van Zandt 



fCopy.) (ICr. Van Zandt to Mr. Webster.) 

Legation of Texas, 
Washington City March 83rd, I84S 
The undersigned, charge de Affares, of the Republic of Texas, had 
the honor, on the 14th. of December last, to lay before Mr. Webster, 
Secretary of State, of the United States, and invite his attention 
to the character of hostilities waged by Mexico against Texas, which 
was believed to be violative of those rules of civilized warfare, which 
had received the impress of wisdom, and been sanctioned by the 
ennobling and enlightened principles of humanity; invoking at the 
same time the interposition, of the Government of the United States, 
to arrest the same. Subsequent to the date, of the communication 
just alluded to, in a personal interview, the undersigned was informed 
by Mr. Webster that the same had been submitted to His Excellency, 
the President, of the United States, who had given it a favorable 
consideration; and that it was the intention of his Government to 
seize the earliest favorable opportunity to make a representation 
upon the subject, to the Mexican Government. On the 2nd. ultimo, 
the undersigned had the honor to receive the note of Mr. Webster 

a Here follows a list of the books and other property of the legation. 



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COBBBSPONDENCE WITH THE UNITED STATES. 153 

in reply to his, by which he was informed that a copy, of his communi- 
cation, of the 14th. of December, had been communicated to the 
Minister of the United States at Mexico, with instructions from the 
Department of State in relation thereto, the nature of which was 
not intimated. Since this reply, in an interview had at the Depart- 
ment of State, the undersigned was informed by Mr Webster that 
the late movements of the forces of Texas, having exhibited an appar- 
ent inconsistency with the principles, which the Government of 
Texas had avowed should govern its action; and partaking of that 
character of warfare, against which, it had protested, and which 
the interposition of the United States had been invoked to arrest; 
that, therefore, his Government would necessarily be constrained 
to suspend the measures, which it had designed to take, and which 
it would have deemed proper to adopt towards the contending 
parties. The undersigned listened with much regret to the opinion 
thus expressed, and though conscious of the incorrectness, or the 
imperfect view of the data, upon which this conclusion was foimded, 
yet, for want of authentic information, the undersigned was then 
unable to present a full statement of the facts, which would explain 
the nature of these movements, and vindicate his Government from 
the supposed inconsistency. The undersigned has now the grati- 
fication to make known to Mr. Webster, that he has received, from 
his Government, oflBcial information of the causes, which gave rise 
to the campaign, and the orders and instructions given to Brig-Gen 
Somervell for its prosecution, to all of which the attention of Mr. 
Webster is most respectfully invited, with the fullest confidence that 
they will show that the Government of Texas has not abandc^ned 
its former ground, nor given its sanction to any act, at variance 
with its previous declarations. 

In my communication, refered to, of the 14th. December last, 
it was made known to Mr. Webster, that in the course of that year, 
no less than three predatory marauding incursions, to Texas, by 
Mexican soldiery, had been made, under the orders of the Govern- 
ment of Mexico. Our peaceful citizens have been plundered, by their 
troops in some instances, in others captured and imprisoned, and 
again, in others murdered, with the most savage inhumanity, in 
cold blood. On account of these injustifiable enormities and cruel- 
ties, inflicted upon our people, a feeling was aroused throughout 
the country, which caused an assemblage of a large number of our 
citizens at Gonzales, one of our western towns, in the month of 
October last, determined to avenge the injuries and murders, which 
had been committed upon their friends. From the indications that 
were given, the President became satisfied that the people, of the coun- 
try, were exasperated to a degree, which it would be at least diffi- 
cult to restrain, even should propriety require it to be done. Under 



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154 AMERICAN HISTORICAL ASSOCIATlOlf. 

this conviction Brig-Gen SomerveU, of the Texas militia, within the 
limits, of whose Brigade the citizens had assembled, was ordered to 
assume the command, and, in case a suitable force should muster 
into service, to pursue the enemy across the Rio Grande, for the pur- 
pose of chastising them; observing in every case the rules of civi- 
lized warfare, and exercising great humanity towards the common 
people. 

For the further information of Mr. Webster upon this subject, 
the undersigned has the honor herewith to transmit copies, of all 
the orders given by the President and Secretary of War of Texas, 
to Brigr. Gen Somervell, for the conduct of the campaign. (See 
copies of orders addressed to Gen SommerveU.*) Under these orders, 
the army, about seven hundred strong, Was organized by Brg.-Gen 
Sommervell, and marched from the Medina on the 25th. of Novem- 
ber last, in the direction of Laredo, at which place it arrived and 
[which it] took possession of, without resistance, on the 8th. of the 
succeeding month; the troops stationed there having fled with pre- 
cipitation, on the approach of Gen Somervell. From this place, 
a part, of the men, about 200, returned home; the remainder, under 
Gen Somervell, marched on the 10th. from Laredo and crossed the 
Rio Grande near Guerrero on the 14th., in the presence of GenCanales, 
who, with about 400 men, was stationed on the opposite side of 
the river. Gen. Canales, with his forces, immediately fled, and the 
town of Guerrero surrendered. On the 18th., the army repassed 
the river in safety, and on the 19th. Gen Somervell, not deeming it 
prudent to remain longer, and being in want of provissions, clothing 
and ammunition, concluded to return. The order was then given 
to return to Gonzales, and the march was accordingly commenced, 
by about two hundred men, who returned to their homes. The 
balance remained in camp, and having elected Wm. S. Fisher com- 
mander, in violation of Gen Somervell's order, recrossed the Rio 
Grande, and entered the town of Mier on the 23rd, On the 24th., 
a smart skirmish ensued between this party and a. Mexican force, 
when the latter were repulsed with loss. On the 25th they were 
attacked at day Ught, by about 1500 men, and after having fought 
very gallantly until ten o'clock, a parley ensued, and they were 
induced, by assurances that large reinforcements, of Mexicans, were 
at hand, and promises of safety, to surrender under stipulated 
articles. 

Throughout the whole march, of the forces, while under the com- 
mand of the properly authorized commander of the expedition, 
every individual act of impropriety or violence, upon the property 
of the peaceful Mexican citizens, was restrained, when it was possible 

a These are all published in the Hotue JounuU 7th. Tex Cong. See Calendar of Correspondence wltH 
MexioD. 



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COERESPONDENCE WITH THE TTKITED STATES. 155 

to be done, or punished if committed. Private property and per- 
sonal rights were, in every possible instance, secured to the enemy's 
citizens, and none were taken prisoners. 

The objects of the Government, it will thus be seen, were legiti- 
mate — the pursuit and chastisement of the enemy. The orders, 
given for the Government of the campaign, and every act, done in 
pursuance of those orders, and with the sanction of tlie constituted 
commander, of the expedition, if submitted to the severest scrutiny, 
the undersigned confidently beUeves will show that his Government 
has not abandoned, nor departed from the high policy, which it had 
avowed its determination to pursue. 

The undersigned is aware that his Government, in asserting the 
rights, acknowledged to belong to civilized nations, and the princi- 
ples, which should govern them, in their mode of warfare towards 
their enemies, should give assurances, of a strict observance of those 
rights and principles, itself. That it has always observed them 
heretofore, the history of our revolution, abundantly proves; and 
the imdersigned is instructed to assure the Government of the United 
States, that any departure, from these principles, should it be at- 
tempted, will not be sanctioned by his Grovemment. That there will 
be lawless persons in every community, who, setting laws and author- 
ity at defiance, persist in a violation of good order and propriety is 
certainly true. In a country like Texas, whose civil Institutions 
have not been matured by time, and by the enjoyment of peace and 
national tranquihty, whose citizens are liable to strong excitements, 
and driven to desire vengeance and retaliation, upon an enemy, with 
whom that country is at war, and from whose soldiery the most 
wanton, flagrant and cruel injuries have been long received and 
endured, and whose inhuman acts have been sanctioned, by the 
Grovemment of Mexico, it is but natural to suppose, that some 
irregularities will occur, and that attempts will be made at retaUa- 
tion, by individuals suffering from the consequences of such wrongs 
and injuries. These acts of individuals, though in a great degree 
excusable under such peculiar circumstances, should not be imputed 
to their Grovemment. 

The undersigned would then again repeat, that his Gk)vemment 
will not, in any instance, depart from the principles, which it has 
avowed to the world — principles, which form the basis of all national 
respectabihty, and which holds together the fabric of the moral 
universe. 

It is tme, Texas may be driven, by paramount necessity, to the 
pursuance of a retaliatory war with Mexico, of the character, which 
that Government has so long pursued against her; but when she 
does so, that same necessity will be abundantly apparent, and justify 
her in the opinions of mankind. 



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156 AMEBICAN HISTORICAL ASSOCIATIOlJ. 

The undersigned, believing that the foregoing facts, in relation to 
the campaign, under Brigr Gen Somervell, will sufficiently justify 
the acts of his Grovernment, and place the same in a proper light, 
avails himself of this occasion to again respectfully invite the atten- 
tion of Mr Webster, to the recent and continued outrages, committed 
by Mexico, upon the persons and lives of our citizens, who have 
been taken prisoners, in the predatory and marauding incursions 
made upon our territory, and on other occasions; which it is believed 
are of such a character as to demand, of those civilized nations, who 
have acknowledged the independence of Texas, and whose citizens 
are, in many instances, the participants of these outrages, a prompt 
and efficient interference, for the purpose of arresting them. In 
doing so, and for the purpose of exhibiting more fully the course, 
which has been pursued by both countries, since the commencement 
of hostiUties between them, the undersigned would beg the indulgence 
of Mr. Webster while he presents a brief history of their conflicts, 
together with the manner of treatment, which has been extended to 
prisoners, who have fallen into the power of either of the contending 
parties. 

The inhuman butcheries, committed upon our citizens, whom the 
fortune, of war, had placed in the power of Mexico in 1835 and '36, 
produced a feeling of horror, from which civilized humanity has too 
recently recovered to have forgotten them. The names, of Grant, 
Ward, King, Travis and Fannin, present to the recollections of all, 
who have read the details, of our early struggles for freedom, correspond- 
ing instances of inhuman and cold blooded murders, committed 
upon helpless prisoners — of violations of faith and of perfidy, on 
the part of Mexico, that are in striking contrast with the forbearance 
and humanity, which, from the commencement of the war in 1835, 
up to the present time, has characterized the course of Texas in its 
prosecution. 

In December 1835, the town and fortress, of San Antonio de Bexar, 
were beseiged by the Texian Army, under the command of Col B. R. 
Milam; and Gen Martin Perfecto de Cos, Commander in Chief of 
the Eastern Internal Provinces of Mexico, surrendered himself and 
about 1500 men prisoners of war, by articles, of capitulation, signed 
on the 10th. of that month. The conditions, of this surrender, were 
faithfully observed by Texas; and Gen Cos, with all his officers, and 
the men under his command, was permitted to return to Mexico 
upon parole — their persons and property being in every respect safe 
and inviolate. 

On the 21st of April Gen Santa Anna then President of Mexico, and 
Commander in Chief of the Army of Operations against Texas was 
met and defeated at San Jacinto. The President-Greneral and Seven 
himdred and fifty Officers and men surrendered themselves at discre- 



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OOBBBSPONDENCB WITH THE UNITED STATES. 157 

tion and on their knees implored that mercy which they had so 
recently denied to those unfortmiate men who fell into their power 
at Groliad and the Alamo. These prisoners had forfeited every claim 
to the mercy they sought, having been engaged in waging a war of 
extermination ^and giving neither quarter to the vanquished nor 
observing the faith they had promised by solemn compact to those 
who siurrendered with Col Fannin and others; aH of whom (with the 
exception of the medical men whose services were required for their 
own wounded) were massacred by order of Gen Santa Anna. Gten 
Cos who was taken a prisoner with the rest, had doubly forfeited his 
life, having violated the parole he had given at San Antonio the 
December previous, and subsequently engaged in an unauthorized 
mode of warfare: But notwithstanding all these powerful incentives 
to a just vengeance, and the then recent distresses which the Mexican 
army had brought upon the whole country, the Uves of all these pris- 
oners were generously spared — they were supported at the expense of 
the Government — were kindly treated in every respect — the woimded 
and sick had the best medical attention and the most assiduous care, 
and all who wished it were sent home to their own country. As an 
evidence of the humanity with which they were treated, reference is 
made to the fact that many of these prisoners chose to remain in the 
country and continue in it up to the present day. 

Gren Filisola and the troops under his command fled from the coun- 
try immediately after the battle of San Jacinto in the utmost confusion 
and dismay, and although they could have been cut up by our army 
the hand of vengeance was withheld; and in strict fulfillment of the 
promise made this General with his troops was permitted to leave the 
country undisturbed. His oflBcial report to his own nation and the 
defence which he published to the world in justification of his precipi- 
tate retreat clearly prove the truth of the above statement in relation 
to him. 

The President of Mexico, Gen Santa Anna was treated with every 
possible respect and kindness and with all the forbearance consistent 
with his safe keeping as a prisoner of war: and was finally sent to the 
city of Washington agreeably to his own soUcitation, imder an escort 
of three distinguished officers and at the pubUc expense, from which 
place he returned safely to Mexico. 

The sparing the Uves of these prisoners and the indulgences ex- 
tended to them was a voluntary act on the part of Texas: and their 
final release and restoration to liberty an act of humanity and mercy. 
The obligations which these impose upon civiUzed man were the only 
ones which my Government was under towards these captive enemies; 
while justice if her stern mandates had been obeyed would have 
required their execution or at least that of their leaders. 



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158 AMERICAN HISTORICAL ASSOCIATION. 

The course of Mexico towards the citizens of my Government who 
have fallen into her hands has been of a character wholly at variance 
with this conduct on our part as will be seen by the following state- 
ment of facts. 

Passing over the massacres of our citizens in 1835 and 6 which M*e 
already sufficiently known and are alluded to in a former part of this 
communication, this detail will be confined to transactions of a recent 
date. 

A party of peaceful traders and others sent out to Santa F6 in the 
latter part of 1841 consisting of about 325 men were induced to sur- 
render themselves prisoners of war to the troops under command of 
Gov Armijo. Articles of capitulation were agreed to and signed by 
the two parties, by which the Texians were promised security of per- 
sons and individual property, kind treatment and speedy restoration 
to perfect liberty. But no sooner had they laid down their arms, than 
they were indiscriminately plundered of every article of pro{>erty they 
possessed — their hats, shoes coats blankets and even their shirts taken 
from them. Their arms were tied with cords and they were fastened 
together in numbers of two or more with raw hide and some secured 
by cabristas <* to the tails of Mexican horses and mules. In this con- 
dition, in the coldest of the winter weather, exposed to every vicissi- 
tude and inclemency of the climate, suffering alternately from cold and 
hunger and hourly insulted and abused by the officers and soldiers 
in whose chM*ge they [were] placed by the Governor of Santa Fe, they 
were marched on foot a distance of 2500 miles to the city of Mexico. 
On the way those who failed from fatigue debility or sickness were 
deUberately murdered, their ears cut off and transmitted to Mexico as 
a proof of the fidelity of the commanding officer of the guard in the 
fulfillment of his inhuman orders. Those who survived the fatigues 
of this long march and arrived in Mexico (with a few exceptions) were 
confined in prisons at night and in the day were turned out, chained 
together like criminals to sweep the streets of the city. Their Uves 
however were spared and they were finaUy released. Their support 
while in Mexico was derived principally from the generous advances 
and contributions made by foreigners; and their return home was 
effected in the same maimer. 

On the 11th. of September last Gen Adrian Woll with a force of 
about Sixteen. or seventeen hundred men entered San Antonio de 
Bexar under cover of a dense fog, early in the morning and captured 
fifty four citizens of that place. Herewith I transmit a copy of the 
statement furnished to the Department of State of Texas by Col 
Andrew Neill a highly respectable gentleman of Gonzales who was 
one of the number captured by Gen Woll while attending as a lawyer 
to his duties at the circuit Court then in session and who has since 

a Uair ropes. 



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CORBBBPONDENCB WITH THE UlflTBD STATES. 159 

effected his excape and returned to Texas. His statement is entitled 
to entire credit and by its perusal Mr. Webster will be able to derive 
an accurate and complete detail of all the transactions connected with 
the treatment of the prisoners made by Gen WoU, which appears to 
have been similar to that extended to the Santa F6 prisoners except 
that their ultimate fate is yet unknown. (See A. NeUl's statement.)* 

On the 25th. of December last a force of Texians commanded by 
Col Wm S. Fisher amounting to about 250 men surrendered them- 
selves prisoners of war to Generals Ampudia and Canales of the Mex- 
ican Army at the town of Mier, under articles of capitulation, the 
terms of which are not precisely known. From the inhuman treat- 
ment heretofore inflicted upon our prisoners, it is much to be feared 
that Gen Santa Anna or those acting by his influence or orders will 
sacrifice the lives of these unfortunate men upon the pretext that 
they were not acting at the time under the orders of the Texian 
Government, or some other plea. It will be observed however that 
although the men may be all murdered who were taken prisoners 
imder Col Fisher, yet some few have escaped who can estabUsh the 
fact beyond a doubt that articles of capitulation were signed, and 
that the men were promised kind treatment and all the rights of 
prisoners of war. This being the case it cannot be material to the 
question which may be brought to an issue between them and the 
Government of Mexico whether they were acting under the immedi- 
ate and legal orders of the Government of Texas or not. They were 
prosecuting an enterprise which the Government had sanctioned — - 
that of pursuing and chastising the enemy who had just made a pred- 
atory incursion into our country and by the capitulation and 
promises made them they acquired at least the right to be considered 
and respected as prisoners of war. Had they been other than lawful 
belligerents it could not have been proper to have entered into a 
convention with them for their surrender; consequently the Govern- 
ment of Mexico is bound by every obligation of law justice and 
humanity to observe in good faith the conditions of this surrender. 
The capitulation upon expl-essed terms of agreement between them 
and their captors most certainly brought them within the scope of 
the rules of civilized war. It is also to be observed that at the time 
of the capitulation our citizens were by no means vanquished but 
might have fought their way out with much probabiUty of success 
had not the most solemn promises of kind treatment and security 
for persons and property been made them by the Mexican commanders 
Generals Ampudia and Canales. 

In ^ach of the instances now before recited the acknowledged laws 
of civilized war as well as the principles of common humanity had 
been outrageously violated by Mexico. But the capture and treat- 

o See Jooee to Van Zandt, February 10, 1SI3. 



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160 AMEBICAN HISTORICAL. ASSOCIATION. 

ment of the prisoners taken at Bexar in September last are attended 
by circumstances of great aggravation. The Mexicans entered the 
town early in the morning under the cover of a dense fog and without 
any previous notification whatever. There were no troops at this 
point at the time as was well known to Gen Woll (he having constant 
means of information from the place.) No necessity could there- 
fore have existed for a General at the head of Seventeen hundred 
men to have taken the town by surprise which only contained some 
sixty private citizens, then quietly pursuing their ordinary avoca- 
tions; the most of them being in attendance on the District Court of 
the fourth Judicial District then in session. Bexar is an extreme 
frontier town, insulated from the rest of Texas, eminently exposed 
to attack from Indians or Mexican banditti. Rumors, as usual dur- 
ing the session of the Court, had two or three days been afloat that 
some enemy, the character of whicfh was unknown were hovering 
about the place, and when ^ on the morning of the 11th. the citizens 
being aroused from their beds by the cry that the enemy were in 
town from a natural impulse rushed to their arms to defend them- 
selves, as they had every right to suppose from savages or robbers. 
So soon however as it was known to be a regular Mexican force of 
seventeen hundred men which had in this extraordinary and unusual 
manner approached the place they laid down their arms and offering 
no further resistance the town was immediately surrendered. All 
the citizens of the place were therefore entitled to be considered non- 
combattants, as they were but a moment in arms; and the time and 
manner of Gen WoU's approaching the town were such as to lead the 
inhabitants to the beUef that the object of the attack upon a small 
defenseless town like Bexar must have been plunder or assassination, 
which it was clearly their right and duty to resist. But the whole of 
them were forced to surrender as prisoners of war under articles of 
capitulation. Among those thus taken prisoners, was the venerable 
and highly distinguished jurist, the Hon Anderson Hutchinson, then 
presiding at the Court in session, the Hon Mr. Colquhoun Senator in 
Congress from Bexar, the Hon Mr. Maverick Representative for that 
county and the Hon W. E. Jones Representative from Cronzales and 
many others of our most reputable citizens,* several of whom were 
taken from their private houses, although they had offered no resist- 
ance. The capture of these men therefore and the forcing" them to 
sign articles of capitulation and acknowledging themselves prisoners 
of war when they had only followed the natural impulse of self defence, 
is a most gross and palpable violation of the plainest principles of 

a If the structure of this sentence had been more carefully noted by its writer, he would probably have 
omitted "when." 
5 For a list, see Nikt" RegUter, LXUI, 178. 



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CORRESPONDENCE WITH THE UNITED STATES. 161 

civilized war. They were not belligerents and therefore not subject 
to the penalties which attach to belligerents. 

Since the capitulation three of these individuals have been con- 
demned to death upon the charge that they had been in the Santa 
Fe expedition, viz, Mr. George Van Ness, Archibald Fitzgerald and 
Thomas Hancock; which sentence it is understood the President of 
Mexico has since commuted to ten years confinement in prison. Had 
the sentence of death been carried into execution upon these gentle- 
men it would have constituted a most foul murder; and the impris- 
onment for ten years is an act of national perfidy and inhumanity 
against which every principle of justice and mercy is directly opposed. 
Their parole was not violated by their being at Bexar when the place 
surrendered nor had they violated it by taking up arms against 
Mexico. 

Mexico may urge in excuse for her want of faith and her inhumanity 
towards those of our citizens who have been so unfortunate as to 
fall into her power that she has not recognized Texas as an independ- 
ent nation and therefore has a right to act as she pleases in the 
premises. But the civilized world cannot admit so futile a reason. 
Texas is acknowledged as an independent power by the principal 
Governments of the world and consequently to these Governments 
so far as they are concerned Texas has all the rights and is bound 
by all the responsibilities which can attach to an independent and 
sovereign people. 

The treatment which our prisoners have received in all the above 
recited instances and which they are now receiving at Perote and 
other places where they are confined is as infamous as it is imjust. 
It is opposed to the principles of religion, to the dictates of common 
humanity and to every acknowledged rule of proceeding between 
civihzed nations in a state of war. As such the Government of Texas 
views it; and she protests to those Governments who have acknowl- 
edged her independence against the course which Mexico has pursued, 
and calls upon them to interpose their power in arresting it. They 
are directly interested in preserving the principles which all nations 
claiming to be civilized have adopted for mutual observance; and 
Texas believes that it is their right as well as their duty to interpose. 
A prompt action in this matter may save the lives of more than three 
hundred brave and chivalrous men — an object certainly which will 
sufficiently recommend itself to every generous and philanthropic 
heart. 

Mexico in her whole course of conducting the war against Texas has 
abundantly evinced the disgraceful fact, that no treaty or convention 
however solemn can bind her to the observance of either justice 
humanity or mercy and she has thus denied those great principles 

39728^— VOL 2, pt 1—11 ^11 



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162 AMEBICAN HISTORICAL ASSOCIATION. 

which hold together the fabric of the moral Universe. If therefore 
other nations in view of these circumstances and all the facts now 
before them as well as those herein contained ^ould refuse their inter- 
ference in the premises no other course will be left to Texas in the 
future prosecution of the war with Mexico, than to adopt the prin- 
ciples of retaliation and to visit upon die people of that country the 
evils and cruelties which have so long been suffered by ours. 

For the mass of human suffering and misery which would thus be 
entailed upon the imf ortunate, the defenceless and the feeble my Gov- 
ernment will then stand acquitted to itself, to the world and to 
Almjghty God. It remains to be seen whether the civilised world 
will look on with indifference and witness so d]6asUx>us a catastrophe. 

These facts and reflections are respectively submitted to His 
Excellency the Secretary of State of the United States with a firm 
reliance that that Government; guided by that enlightened wisdom 
and respect for the laws of humanity which so eminently distinguish 
itwill give to them the consideration which iheir importance demands; 
and take such action thereon as right and justice may require. 

The imdersigned with pleasure avails himself of this occasion to 
renew to Mr. Webster assiu'anoes of his distinguished consideration. 

(signed) Isaao Van Zandt 

His Excellency 

Daniel Webster 

etc etc etc 



Van Zandt to Jones.* 



Armstbono to Crawford. '^ 



Armstrong to Crawford. ^ 



Eve to Jones.'' 

[Inclosed are copies of Porter to Webster, March 15, 1843, and of 
Taylor to the Adjutant General of the United States army, February 
22, 1843.] 

a April 5, 1843. See CaJendar of CorrespoDdenoewilii the United States io Part I. 

b April 10, 1843. See Van Zandt to Jones, August 15, 1843. 

cCopy undated, but written soon after Armstrong to Crawford of April 10. See Van Zandt to Jones, 
August 15, 1843. 

d A. L. S., April 13, 1843 (transmittiog copy of Taylor to Adjutant-General, February 22). For this lettei 
and indosures, see Calendar of Correspondence with the United States in Part I. 



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CORBBSPONDEKCE WITH THE UNITED STATES. 163 

Eve TO JoNBs.* 

Legation of the United States 

Galveston April 13th 1843 
The Honble. 

Anson Jones 

Secretary of State ofTexa^ 
Sir 

I am instructed by the State department of the United States to 
seek an early interview with the Secretary of State of Texas, and ad- 
dress to him a strong, but kind and friendly remonstrance, to abstain 
on the part of Texas from carrying on the war (should it continue) 
against Mexico by means of predatory incursions, whither with a view 
to retaliation or otherwise. But so long as the war continues, to 
carry it on openly, honorably, and according to the rules recognized 
by all civilized and Christian States in modem times. 

At the request of Mr. Van Zandt your Charge d' Affaires now at 
Washington, similar instructions have been given to the United 
States minister at Mexico. 

As I am unable to visit Washington at this time, on aocount of 
indisposition, I should be much gratified could you visit me in Gal- 
veston when we can have a full and free oral interchange of opinions 
ypon this subject, of so much consequence to the character and good 
standing of Texas. I am however so well acquainted with the opin- 
ions of the President of Texas upon this subject that I feel assured 
that there will be no difference of opinion between us. I know that 
he has uniformly opposed, all and every depredatory incursion by 
the people of Texas upon Mexico. You will please inform me by 
return mail whither you will visit me in Galveston and if so when, 
as I intend the moment my health will permit me to do so with 
safety to visit Washington. 

With renewed assurances of respect, 

I am your obedient servant Joseph Eve 



Eve to Webster. ^ 



Upshaw to CrAWI?X)RD. '^ 



Shaw to Bourland.** 



aA.L.8. 

b April 14, 1843. See Calendar of Corresiwndeiice with the United States in Fart I. 

e April 15, 1843. See Van Zandt to Jones, June 29, 1843. 

* April 17, 1843. See Calendar of Correspondence with the United States in Part I, 



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164 american historical association. 

Shaw to Doak and Tims and Others." 



Van Zandt to Jones. '^ 

Dispatch No. 99. 

Legation of Texas 

Washington City 
April 19th 1843 
Hon. Anson Jones 

Secty oj State, 

Sir: Since my last dispatch nothing of importance has transpired 
in relation to our affairs here. Mr. Webster has been absent for a 
few weeks on a visit to Boston, but is daily expected home. It is 
again understood, here, that if nothing is heard from England before 
the 1st. of May, which may require his attention in the State Depart- 
ment, that he will probably retire from the Cabinet about that time. 
Who is to be his successor seems not yet to be determined, or if deter- 
mined on, is not known to the public. Messrs Upshur, Gushing, 
Tazewell, and Stevenson are all spoken of. Judge Upshur has here- 
tofore been considered as most likely to be selected. His would be 
one of the best appointments that could be made for the interests of 
Texas. He is devoted in his attachment to our country, and anxious 
to promote our cause, besides, he is a gentleman of fine talents, high 
attainments, and has the nerve, as the Venerable Sage of the hermi- 
tage would say, to ^'take the responsibility '' and act with decission. 
I have some fears that he will not receive the appointment. Gushing 
is expected here from the north in a few days, aiid is very desirous, I 
have heard, to succeed Mr. Webster, but I hope the good sense of the 
President will not suffer his partiality to lead him so far into an error, 
as this certainly would be, for, he would inevitably be again rejected 
by the Senate, and thereby increase the confusion already existing. 
Mr. Gushing is a man of decided abihties, for his age, and an avowed 
friend of Texas, but the truth is, the northern influence, which is 
opposed to us, and which would be certainly felt by him in that sta- 
tion, more or less, would prevent him from taking any efficient step 
calculated to benefit us. 

Many other changes are expected in the house, as well as the foreign 
appointments. Judge Eve is to be recalled from Texas, and Gfen 
Murphy of Ohio, who is reputed to be a man of talents, is to succeed 
him. Mr. Proffit of Indiana 'tis said goes as Minister to Brazil. 
Mr. Waterson of Tennessee Gharge d'Affaires to Venezuela, vice. 
Hall, of Nashvilte, to be recalled. 



o April 17, 1843. See Calendar of Correspondenie with the Tnited States In Part I. 
tl..3. 



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COBRESPONDENCE WITH THE UNITED STATES. 165 

Since I wrote you last I have had frequent interviews with the 
President in regard to the interposition of this Government; and in 
our several conversations he has xiniformly expressed a wish, and 
desire to take effective measures to put an end to the difficulties 
between us and Mexico, but I think he is fearful to make any impor- 
tant movement, except he has the unanimous approval of his advisers. 
In one of our conversations he used to me this language, ^*Sir, I wish 
you to be assured that I feel the deepest interest in the affairs of your 
country, and wish to do every thing compatible with propriety to 
aid you, and if possible to annex you to us; but you see Tiow I am 
situated' \ (alluding I took it for granted to the embarrassments of 
his admim'stration). He then remarked that when Mr. Webster 
returned he would urge upon him the early consideration of my com- 
munication last addressed to the Department. I then told the 
President that I had understood him to say that Mr. Webster had 
been directed to approach the French Minister upon the subject of a 
United and joint interposition by France and the United States: he 
repUed that it was true, but that Mr. Webster had been so much 
engaged with English affairs that he had failed to do so, and that, 
moreover, Mr. Webster had not acted with that promptness, which he 
the President had desired, but that he would promise me that he 
would call Mr. Webster's attention to it again, so soon as he retiuned, 
and that I should be advised at an early day of their determination. 
I told the President that I was fully sensible of his kind feelings for 
Texas, and that I had not failed to make the same known in my dis- 
patches to my Government, and that I was satisfied they would be 
properly appreciated; and that I hoped that no unnecessary delay 
would be had in coming to a determination upon the matters alluded 
to in my communication — that the laws of nations clearly justified, 
and the rights and interests of humanity demanded their interference. 
I told him also that I was convinced that the French Grovemment 
would accede to the proposition, if made by the United States, but 
that France would feel a delicacy in making the move first, lest the 
United States might suppose she was disposed to meddle in the affairs 
of this continent, beyond what was proper. I fear that nothing 
will be done by this Government until there is a change in the office 
of Secretary of State. Mr. Webster, though the President may urge 
him up, will stiU take his own time, and do matters in his own way, 
and* while he professes the greatest friendship for Texas and I think 
is really sincere in his professions, yet his temperament is not, of 
that kind, suited to bold and decisive movements in matters, in 
which his Government is not individually concerned, or interested 
as a party, or in other Words I fear his sympathies have been tem- 
pered by a latitude too high for this emergency. A short time will 
prove the truth, or falsity of these suppositions, and ** bring to light 



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166 AMERICAN HISTORICAL. ASSOCIATION. 

the things that are hidden''; *till then nothing is certain, except 
that all is uncertain. 

The pftinful intelhgence, of the recapture of our countrymen taken 
prisoners at Afier, has been confirmed, and that orders had been 
giyen to have them shot, but that throi^ the interference of the 
United States' and British Ministers the order was changed to a 
decimation, which it was hoped woidd be revoked. I await with 
great anxiety to hear the result. 

Intelligence has also reached here that Hon. W. E. Jones and 
Maverick had been released, and that Judge Hutchinson would 
likewise soon be liberated. I trust this may be true. 

The propositions of Santa Anna for peace ** have been published 
here, and various opinions expressed, how they ought to be received, 
or whether they will be considered by the Grovernment of Texas. 

Col Daingerfield has not yet embarked for Europe, having been 
detained by the severe indisposition of his mother and other causes. 
He seenots very anxious to enter upo> his mission, and wrote me 
yesterday that he thought he should be off soon. Your communi- 
cations to him addressed to my care were duly received and very 
satisfactory to the Colonel. I am looking for him here to day, when 
we doall visit the President, and some of the Diplomatic gentlemen. 

The Chevalier Gevers, the Dutch Charge d'Affairs, left here for 
New York a short time ago. He was very desirous to know if his 
Government had an agent of any character in Texas* I told him I 
tiiou^t not, but that I would ascertain and inform him. Knowing 
that Col Daingerfield would be here I concluded to reserve the 
inquiry for him, and he has informed me that he is of opinion tiiere 
is none, and I shall so inform the Chevalier. This gentleman and 
myself are on the most intimate terms — ^he seems to feel much inters 
est in the affairs of Texas, and says that such is the disposition of 
his Government towards us. He is also very intimate with Gen 
Almonte, and from him, when here, I coxild generally learn Almonte's 
vicws» 

The Prussian Minister, Baron Roenne, returned to Europe by the 
last packet. I think he left here very favorably impressed towards 
Texas, and her growing importance as a market for European manu- 
factures and products. The gentleman made me several personal 
visits which were duly returned — he also made many inquiries about 
Texas, which I took great pains to answer, and at the same time 
infonning him what articles of Prussian Manufacture would likely 
he reqniired in our markets. 

I have obtained the blanks from the Genl. Post OflBce which you 
desired me to send you, but I shall not forward them imtil I can 
have an opportunity of a private conveyance to New Orleans. The 

• Made through James W. Robinson, March 27, 1843. See Jones to Van Zandt, May 8, 1843. 

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COKBESPONDITNCB WITH THE UNITED STATES. 167 

package will be very large, and the postage would come to more than 
would be gamed by sending them right away — they probably contain 
more than a himdred different forms. 

I have also obtained a full copy of the census documents of the 
United States, including a statistical account of the commerce, man- 
ufactures, and products of each state, and much other information — 
they comprise four large volumes, one of which is two feet by eighteen 
inches and contains between four and five himdred pages. I will 
send them to you whenever an opportunity offers — they will prove 
a valuable acquisition to the library of your Department. 

I have concluded upon reflection that much good might result from 
a proper, and fair publication of facts in this coimtry, in relation to 
Texas, with a view to correct eroneous impressions existing here 
prejudicial to our interests, and to show the important advantages 
to be derived from annexation, and particularly the great benefits 
which the northern states would secure by such a treaty. I feel 
satisfied that it is not in keeping with the genius of the northern 
people to sacrifice their interest to their sympathy, &nd if they can 
be induced to believe that their pecuniary interest would be pro- 
moted by such a st^^ they would at once leap the barriers erected 
by the fanaticism of abolitionists, and become the advocates of the 
measure. I believe that this is a subject in which the northern peo- 
ple should feel as much interested, and more so, if possible, than the 
south. Many of the facts necessary to be stated, and the arguments 
used will apply with equal force to the pending treaty. I have been 
for sometime collecting facts in relation to this subject. My design 
is to publish, under an anonymous signature, the communications 
in some newspaper of general circulation, and in time to appear before 
the sitting of the next Congress. I shall first continue to collect all 
the facts in my power, before the first number is written. If you 
can send me the printed reports of the Secretary of the Treasury for 
1841 and 1842 I shall be very glad, as from them I can probably 
learn something of our exports and imports, which I cannot obtain 
elsewhere. 

You will perhaps think this dispatch contains some things not 
likely to benefit you much, but I think it best to give you matters in 
detail as much as possible, especially, conversations with the Presi- 
dent and Secretary of State, from which you will be enabled to form 
your own conclusions, if they should differ from mine. In addition 
to this I am gratified to believe, that should I state any thing which 
is unnecessary, your better judgment will enable you to winnow the 
wheat from the chaff. 

With the hi^est sentiments of regard I have the honor to remain 
Your friend and Obt Servant 

IsAAO Van Zandt 



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168 american historical association. 

Van Zandt to Jonbs.<» 



Robertson to Jones. *^ 



Ix>OMis TO Bliss/ 



Van Zandt to Jones .<* 

Dispatch! Legation of Texas 

No.lOO.j Washington City 

April gist, 184S 
Hon Anson Jones 

Secty oj StcUe 

Sir: I have just returned from a visit to the State Department, 
where I had an interview with Mr. Secretary Webster. I now sub- 
mit you the substance of conversation between us. Ml*. Webster 
inquired whether I knew what answer was, or would be given to the 
propositions of Santa Anna. I replied I did not, but was of opinion 
they would not be entertained for a moment. Or if entertained at 
all, it would be merely for the purpose of submitting a counter propo- 
sition for peace, upon terms of the acknowledgment of our inde- 
pendence. Mr. Webster then remarked, that, if we intended to 
maintain our nationality, we should at once reject such a proposition. 
He then asked me various questions in relation to my views and 
opinions of the probable result of the campaign and cruise against 
Yucatan; In answering which I, endeavored to impress him with the 
opinion that the Mexican fleet and forces would be compelled to retire, 
without accomplishing any important result. This is a matter which 
has been frequently discussed between Mr. Webster and myself; he 
has alwajs expressed the opinion that the favorable or unfavorable 
termination of that Campaign would determine the ability or ina- 
biUty of Mexico to re-invade Texas. 

At this stage of the conversation, I introduced the subject of my 
last communication to his Department in relation to our affairs with 
Mexico. I asked him if he had taken time to consider that communi- 
cation; he replied he had; I then asked him if he had formed any 
conclusion upon the matters and things embraced in it. His reply 
was in about these words, "Sir; your affairs assume so many different 
pJiases that it is impossible one day to tell what will be the appear- 
ance on the next. If your Government would take the advice of its 
friends, to remain at home, unite among yourselves, confine yoUr 

a April 19, 1843. See Calendar of Correepondence with the United States In Part T. 

» April 20, 1843. See Jones to Van Zandt, May 9, 1843. 

e April 20, 1843. See Van Zandt to Jones, August 16, 1844. 
*L.B. 



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CORBESPONDENCE WITH THE UNITED STATES. 169 

soldiers to your own territory, and to the defence of your own soil, 
suppress insubordination, prevent marauding parties upon the 
frontier and consolidate your energies, then Sir, we might be able to 
do something effective/' I replied to this that such was the avowed 
policy of the administration at the head of affairs of my Grovemment, 
and to which it was disposed to adhere, and this I thought must be 
sufficiently demonstrated in my communication addressed to him. 
Mr. Webster replied, ''that Sir, perhaps is true, so far as the officers of 
Government are concerned, but what avails the disposition of Officers, 
who cannot execute their purposes, or what is a Government which 
cannot enforce its orders; it is the business of Government to 
govern its citizens, and, when it ceases to be able to do that, it argues 
that there is not much Government in force". 

I said in reply, to this, that I was of opinion from all I could learn 
from home, that there was an evident change in public feeling in this 
respect; that every thing seemed quiet. Any dissensions that might 
have existed, I thought had, or would soon disappear, and in future 
I hoped we should be united; that these were but momentary, and 
could not be of long duration. He then continued thus, ''So soon as 
we ascertain what disposition your Government shall make of Santa 
Anna's proposition, we shall then determine what course we will 
take, but, during the pendency of these questions, or a negotiation 
between Texas and Mexico, we should feel ourselves awkwardly situ- 
ated to attempt an interference. If those propositions are at once 
disposed of, and you continue to persevere in your avowed poUcy, we 
shall think it proper to make a communication to Mexico on the sub- 
ject, and say to her, Site must terminate the vxir ai once eitJier hy treaty 
or hy arms; and address a copy of the same to France and England." 

Tliese are the most important items of our conversation during the 
interview. They at once suspend matters here, until I hear from 
your department. Should I obtain the desired intelligence, Mr. Web- 
ster may take the step pointed out; but it is impossible to speak with 
certainty upon the subject. I have so often thought I was on the 
eve of accomplishing it when something would immediately inter- 
vene to prevent it, that I will not permit myself to calculate posi- 
tively on any event which is yet in the womb of futurity. The next 
news from Texas may present some new pTiasey in that case, all the 
ground is to be gone over again. 

You will learn from this conversation something of the state of 
feeling here in relation to our affairs. Mr. Webster in his remarks, 
but reiterates the general sentiment. 

I look with much anxiety to hear the course of om* people. Situ- 
ated as I am at such a distance, it is impossible for me always to know 
the true state of things at home, and to judge of the truth or false- 
hood of all I hear. If it be true, that there are some few individuals. 



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170 AMBRKAN HISTOBICAL AS0OCIATION. 

of ambitious and licestioua views whom tha authorities are imable 
to ovex'-awe; and who eontiiuutlly sow the seeds ol discord amon; the 
people, and by such a course shcMild be enabled to poison their minds, 
and create factions, which cannot be suppressed, calamities of long 
duration most e^^mtually ensue. I feel eryeiy coofideaee that the 
people, if left to themseLyes, wiU do right 

An observanes of the lews, alone, can ascuie the lives, the property, 
thee liberty,, and character of diiaens — ^if these are scorned; what is 
ever to be respected ) Or where is* the hope ol the Republic % 

Col. Daingerfield came ovot to day fron Alexandria, and has 
returned back after staying^ a short time, be seems very anxious to 
get off to Europe — he i» detained by his indispensable private arrange- 
ments — ^he expects to leave by the packet of the 1st. of May. 

I have the honor to be with great respect and consideration 
Your friend and Obt. Servt. 

Isaac Van Zandt 

MrrCHELL TO POETEE.** 



JoicBs TO Eva. 

Depabtmbnt op State 
WaaJiingem [Texas] April S2d 1843 
Snt 

I have the honor to acknowledge the receipt of your note of the 13th 
Inst informing me that yoo had been instrocted by your Government 
i» seek em eariy interview witix the Secretary of State of Texas etc, 
but that you were unable at the present time to viat Washington on 
account of indisposition and that you wished me to visit you at 
Gbdvesten, where we might have a. full and free oral interchange of 
opmionEi upon the subject embraced in your communication and of so 
mfuch consequence to the character and good standing of Texas. 

Regretting as^ I do most sincereiy your continued illness it affords 
me satisfaetion to be able to comply with your wishes in respect to 
visiting you at Galveston, for which place I will leave in the course of 
the ensuing week. I hope to be with you as eaiiy as the 5th proximo 
at fartherest, wlien I trust tahave the pleasure of a personal interview, 
and interchange of opinion with you. 

I have the honor t* be with the highest consideration 
Your very obt Svt 

(signed) Anson Jones 

Hon. J. Eve 

CharaS d' Affaires of (he U. 8. 

eU etc etc 



a April »l; ISIS. 89b BmjmonA to JixamtUky 12, 194», 



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gobbbsposfdbnce with the unitbd states. 171 

Jones to Eve." 

[Acknowledging Eve's request for exequaturs for Morgan L. Smith, 
United States consul at Velasco, and Stewart Newell, United States 
consul at Sabine and such other ports as should be placed in his 
charge.] 



Jones to EVe.^ 



Etb to Joksb.'' 

Legation op the United States 

Galveston April 28tTi 184S 
The Honble. 

Anson Jones Secretary of State 
of the RepMic of Texas 
Sm 

I herewith transmit you a copy of a letter from Reubin M. Potter 
Esquire, Collector of customs at Velasco, To A. M. Green Esquire 
United States Consul at Galveston, in reply to one from Mr. Green 
reque[s]tiiig him to send iShe Register (ta this Consulate) of aUnited 
States vessel, which the Captain said he had deposited' with the col- 
lector at Velasco. 

Also a copy of a letter from Mr. Green to this Legation upon tiiis 
subject ; In order to avoid many difficulties which under any other rule 
are liable to arise between the United States Consuls m Texas, and the 
master? of United States vessels, and difficultres which will arise 
between the Masters and Crew, as* well, as to avoid an imdue advan- 
tage which it gives vessels over other vessels from the United States 
by indulging the Masters to hold at 1^ same time a coasting ficense 
and a United States Register. 

I therefore respectfully suggest the propriety,^ of iixstmctii^ the 
receivers of the Customs at the different Forts, not to* grant coasting 
license to tiie Masters of United States vessels unless they file with 
the Collector a certificate from the Consul for that district, that they 
have filed with Mm their United States register. Such I am informed 
has been the rule observed hy the receiver of the Ctistoms at this port 
With renewed assurances 

of mj" continued r^ard 

I am ytjur Obedient Servant 

Joseph Etb 

«Apill22,1843. 

h April 23, 1843. See CaleiDdar of ComspimdeDoe with the United States In Port I. 

e A. L. 8. 



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172 AMERICAN HISTORICAL ASSOCIATION. 

(Copyj 

Custom House Port or Velasco 

lOih, of March 184S 
To A. M. Green Esqr 
U, S. Consvl 

Galveston 
Sir 

Your favour of the 10th of Febr. was duly received. 
I am of opinion that when a foreign vessels register is tempora[r]ily 
deposited with the collector of Customs of this Republic conformably 
with the act of January 4th 1841 the collector is not bound to transfer 
the deposite to a consul residing in another collectoral District 
Respectfully your Obt Sevt 

(Signed) Reubin M. Potter, 

Collector. 



(Copy.) 

Consulate of the U. S. op America 

Galveston Republic of Texas 

17th March 1843 
Sir 

I find that many vessels sailing under the American flag and having 
American papers have applied to the Collectors of the Customs in the 
several ports in the Republic of Texas, for coasting license and have 
received them. 

The masters of vessels should invariably make a deposite of his 
Register with the American Consul, and receive a certificate from him 
that such surrender has been made. Then and not till then should 
coasting license be granted to any American vessel by this Govern- 
ment. 

This rule which to me would seem right, has not been adhered to. 
I have found masters of American vessels in possession of two sets of 
papers, and as they preferred to retain their coasting license, I have 
deprived them of the Register. 

Finding American vessels with two sets of papers a coasting license 
and Register induced me to enquire how many and what vessels had 
applied for and obtained license to carry on the coasting trade, and 
the 10th. of February I addressed a letter to the collector of the Cus- 
toms for the port of Velasco, and requested him to send me the Reg- 
ister of an American vessel which the Captain said he had deposited 
with the collector at Velasco, and requested also the collector at 
Velasco to advise me of the names of the American vessels he had 
granted license to in order To carry on the coastiiig trade. I received 
for answer, a note under date the 10th. Inst, a copy of which I here- 
with enclose. 



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COBRESPONDENCB WITH THE UNITED STATES. 173 

. You will see at once how improper it is to grant coasting license to 
American vessels; without keeping the American Consul advised of 
the fact, and as I have before said whilst the vessel is in possession of 
her register. 

The American Consul is the proper person to have in possession the 
Registers of all vessels sailing under the American flag and not the 
collector. 

If I thought proper I could appoint an agent at Velasco, and cer- 
tainly if I have the right or authority to appoint an agent to receive 
the papers of American vessels I have the right to demand them of 
the collector. 

I am Sir, 

Most Respectfully 

Your Obt. Servt. 

(signed) A. M. Green 

The Honbl. 

J. Eve 

Charge d^ Affaires of 

the U. 8, to Texas. 



Petition op Bourland.** 



Benton to Jones.* 



Eve to Jones.*' • 

[Jones's two letters of April 22, and his letter of April 23 have been 
received.] 

Van Zandt to Jones.** 

Dispatch No. 101 

Legation of Texas 

Washington City 

May Srd, I84S 
Hon Anson Jones 

Sedy of State. Sib: Since my last dispatch nothing of importance 
has taken place in our affairs here. Mr Webster still continues in the 
State Department but will undoubtedly retire in a short time. It 
seems that all former conjectures as to his successor have proved false 

a Undated. Probably written about May 1, 1843. See Jones to Van Zandt, June 1, 1848. 
b May 1, 1843. See Jones to Van Zandt, June 1, 1843. 
« A. L. S., May 3, 1843. 
4L.S. 



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174 AMEBICAK HIBTOmCAL AS80CIATI0V. 

and it k now undenieod by mil tiiat Mr. Legope tlie present Atty 
Oenl. is to be appointed, though it is afao understood that the same 
will be only temporay . 

The President will leave in a few days for Virginia. Ifr. Upshur 
for the «ame quarter and Mr. Webster to Boston aod sot having 
heard any thing from yim whioh wovkl t i w wF iiai me, I have oonehided 
the present a favorable time to go after my family and shall accord- 
ingly start tomorrow miwuing. I shall netum so -soon as I can obtain 
means to bring me back. I had hoped to be Able to hear something 
from you upon this subject, but not having done ao I have thought 
no injury would result to the country by the step. I therefore hope 
the same may meet your approbation. Mr. Raymond will remain 
here, and will advise me of any comxoands from your Department, 
which shall be immediately attended to. His promptness in dis- 
charging his duties has caused me to take this step with less reluc- 
tance. 

Col Daingerfield is in Baltimore, He writes me to day that he will 
probably sail about the 15th. Inst The last dates reo^ved from your 
Department are of 16th. February. 

I have the honor to be with high regard your friend and Obit. Servt 

Isaac Van Zandt. 

BOUBLAND TO SECRETARY OP TREASURY OF TeXAS [ShAW].« 



Houston to Eve.* 

Executive Department, 
Washington [Terns], May 6th. 1843. 
To Hon. Joseph Eve, 

Etc., etc., etc. 

My dear Sir: — In the absence of the Secretary of State, by way 
of a familiar epistle, I design to communicate some official intelli- 
gence which is due to the government of the United States as well 
as to that of Texas. 

The ink is scarcely dry upon the assvrance thai no aggressive a,clion 
wovJd take place on the part of this government against Mexico, beyond 
our avowed limits, unless it should he rendered necessary by the ocfo 
of Mexico towards Texas. In despite of this assurance our navy has 
gone to sea. In doing so, I can only say that the conmiander has 
committed the most flagrant outrage pos^le upon liis country and 
the law of nations. 

That you may assure your government tiiat it has not been per- 
petrated with or by my connivance^ I take {deasure in forwarding 

aHay4, 1843. dee Calendar of CorrespondoDoe with the United Ststm te Put I, 
» Bee Kepordf of Departmant of State (Texas), Book ¥^ pp. 341^347. 



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CORRESPONDENCE WITH THE UNITED STATES. 175 

to you a proclamation and order ;^ and that you may have it in 
your power to ntske such wpreaoiitation to the gov e mm ent of the 
United States as will yindicate tiie bead of this nation from the impu- 
tation of insinoeiity and duplidi^« 

The crime is one of great atrocity, mad I havie availed myself 
of the first moment to apply the only concctiFe in my power. All 
that has been done by Ooaamodoie Moone sinoe ibe Btii. ultimo, has 
been in riolaticm of orders, under Buq)eiiflion and aisest. You 
can now judge ai matters. 

On the 5th. of April, the onlar of &e Department of War and 
Marine ^ was placed in his hands, flkioe which time he has ordered 
a court marda!, approved the proceedings and ^exeeuted the sentence. 

By the copy of a letter of inBtnictioas,'' also, forwarded, whidi 
I delivered to one of the commimcaiers with orders to proceed 
immediately. to its execution, you will find a dear anticipation of 
the course which would be atteoafrtbed by Commodore Moore, and 
the precaution taken to preveBt evil. 

Such measures as you may be authorised to adopt for the pres- 
ent, apart from conununicating the facts to your goyemment, I 
trust will be adopted. 

I am very truly your friend, 



FoBTBB TO Webster.^ 



Jones to Van Zandt. 

(Copy) 

Department op State 

Galveston May 8fh 1S43 
Hon. Isaac Van Zandt 

OhargS d^ Affaires of Texas etc 
Sm, 

On my arrival at this place the day before yesterday I received 
your official Dispatches of the 19th and 2l8t Ultimo. * * * « 

If your request for leave of absence to visit your family is granted, 
you will be governed in the time of your leaving Washington by 
your own judgment^ and with a view to make the visit at such a 
period as will give the least detriment to the public interests and it is 
hoped that your absence may not exceed six weeks or two months 

« March 23, 1843. See The MonUng Star, May 11, 1848, and The ReirLmider, June 34, 1843. 
h HamUton to Moore, March 21, 1843. See TU Red-Londer, June 34, 1843. 

c Houston to Morgan imd Bryan, March 23, 1843. a&bTh£ Mamki^Sim,Jmmbn,MDdTk€B«i'Lanier, 
June24 1843. 
4 May 6, 1843. See Calendar of Correspondence with the United States in Part I. 
• Here is omitted a paragraph relating to Van Zandt's salary. 



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176 AMERICAN HISTORICAL ASSOCIATION. 

Should the contemplated change take place m the State Department 
anfl a new Secretary of State of the U States be appomted it would 
probably be well for you to remain at your post untill such time as 
you could, have a full understanding with him concerning the affairs 
of Texas. During the months of July and August, the officers of 
Govt, of the United States are generally absent, from Washington, 
and but little public business can be transacted there. If you could 
embrace this period conveniently for your visit home, there could 
be no objection to your doing so, and remaining untill those officers 
returned, and the pubUc business should be resumed. 

I enclose you herewith, a copy of the translation of a document, 
furnished to James W. Robinson (one of the Bexar prisoners) by 
the President of Mexico Gen. Antonio Lopez de Santa Anna. This 
embraces the propositions which Mr. Robinson was authorized by 
that functionary on behalf of the Mexican Government to make to 
the people of Texas, and instructions in relation to the same^ 

No propositions of any character have been submitted by Mexico 
to this Government, nor was Mr. Robinson charged with any com- 
munication to it. 

The propositions of Gen. Santa Anna, have been published by 
Mr. Robinson through the medium of the public papers, and have 
every where been met by the people to whom they were addressed 
with indignation and contempt, and rejected by one unanimous 
response from the whole country. You will at once perceive the 
absurd attitude in which Gen Santa Anna has placed himself by 
this injudicious and ridiculous attempt to create dissention and divi- 
sion among the people of Texas, or his ignorance of their character 
intelligence views and feelings in entertaining the expectation that 
they would accede to the proposed terms. 

Mexico must restore us our murdered thousands before we can 
ever entertain the proposition of being re-incorporated with that 
Government. 

I have the honor to be 

with the greatest respect 
Your Obt Svt 

Signed Anson Jones 

P. S. Com. Moore sailed from the Balize on the 19th Ulto. and it 
is supposed has gone to Yucatan. This act is not only without the 
authority of this Govt, but ia in express violation of its orders fre- 
quently repeated ^ 

A.J. 



" See N lies' Register, l.XIV, 97; The Morning Star, April 1, 1843; The Red-Lander, Aprtl 15, 1843. 
b To this and other charges of a similar kind, Moore replied at length in his pamphlet, '*To the People 
of Texas." 



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correspondence with the united states. 177 

Eve to Webster.** 



Jones to Van Zandt. 

Department of State 

Galveston May 9th 1843 
Hon Isaao Van Zandt 

Chargi d^ Affaires of Texas 
Sir 

Elnelosed herewith I send you a copy of a commuzdcation receired 
at this Department from Doct. Joseph W. Robinson a citizen of 
Travis County, relative to the negro boys captured by hostile Indians 
in 1840. 

Dr. Robinson also states that a correspondence has been had by a 
former representative of thb Oovemment and the Grovemment of the 
United States on this subject, but as the Archives of this Department 
are still detained by the citizens of Austin* I am unable to, know the 
nature of that corres{>ondence or the present situation of the business. 
If such a correspondence has been had it will be found on the files of 
the Legation at Washington, which you will please refer to, and take 
such steps in the matter as will bring the same to a conclusion, and 
that Dr. R. may either have his negroes restored to him (if the cir- 
cumstances should be foimd as stated,) or be compensated for their 
capture, and loss 

I have the honor to be 

With the highest respect 
Your Obt Svt 

Signed Anson Jones 



(Copy.c) 

Washington [Texas] Aynl 20th, 184S 
Hon Anson Jones 

Dear Sir In February 1839 a desc[e]nt was made by a party of 
Indians upon my plantation on the Colerado River and among other 
thing[s] carried off two negro boys one of them about thirteen or 
fourteen years old named Manuel the other nine or ten named Aaron 
and in the fall of 1840 1 was told by a Delaware Indian of the name of 
Frank who is well known from the circumstance of his having a red 

aMajrS^l^^ SMCalBBdac of COTiMpOBdMMB with the United States In Ptft I. 

ft Soon after the capture of San Antonio by Vasquez^ March 5, 1842, President Houston moved with his 
cabinet to the city of Houston, and made that the headquarters of the government for the next three 
years. The people of Austfai, however, would not surrender the archives. An abortive eflori to carry 
tl^ away by force resulted In what Is known as the "Archive War." See Bancroft, North Mexican 
3tatt$ and Texas, U, pp. 363-33d. 

«See ffle relating to Indian Affairs in the State Library. 

39728"— VOL 2, pt 1—11 12 



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178 AMERICAN HISTORICAL ASSOCIATION. 

head thai said boys were in the possession of a Mr Edwards a white 
man who lived in the Cheroke nation on the Canadian River and had 
a Creek Indian for a wife, upon the receipt of the above information 
I went directly to where Edwards was living and found the boys one 
of them at Edwards and the other at Chisholms who is a Cherokee 
and the soninlaw of Edwards neither Edwards or Chisholm were mt 
home at the time and I was deterred from letting my business be 
known from the circumstance of having been cautioned particularly 
to not let it be known that I was a Texian and there was at that time 
a party of the Cherokees that had been Driven from Texas encampd 
in one mile of Edwards and directly on the road that I had to travel. 
When I arivd at home I made known to the Hon Secretary of State 
the whole matter as it then stood and he informed me afterwards 
that there had been a demand made of the U. S. A. Govt, for the 
negroes. Since that time I have not heard any thing of the matter 
except that the negroes are still in Edwards possession. Sir you will 
please to give me such information as may at any time come to your 
knowledge so that I can take such steps as is necessary on my part 
to recover the property 

Yours respectfully Joseph W. Robertson 



IiEOARi: to Van Zandt.** 



Porter to Legar^.'' 



Raymond to Jones.*' 

Washington Cmr 

May 12ik. I84S 
Hon Anson Jones 

Secty of State 
Dear Sir 

A communication from the Department of State, here, has been 
reed, since Mr. Van Zandt's departure, and I deem it of sufficient 
importance to forward a copy to your Department, without waiting to 
hear from Mr. Van Zandt, to whom I also send a copy. I also enclose 
a slip, from the National Intelligencer of the 29th. iilt, bearing upon 
the subject embraced in the communication above referred to. 

Mr. Webster withdrew from the Department of State on the 8th. 
inst, and Mr. Legare Atty Genl. has been charged with its direction 
ad interim. 

aMaylO, 1843. See Raymond to Jones, May 12, 1843. 
»Mayll,1843. See Van Zaodt to Joses, August 15, 1843. 
eA. L.S. 



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CORRESPONDENCE WITH THE UNITED STATES. 179 

The President and Secretary of Navy are now in Virginia, and are 
expected to be absent two or three weeks. 

I consider it aknost certain that Mr. Upshur will receive the appoint- 
ment of Secretary of State, so soon as he completes some matters 
connected with the Navy, with which he has been charged. 

Mr. Gushing has been appointed Commissioner to China^ and 
Fletcher Webster Secretary of the Mission. 

I expect to hear from Mr. Van Zandt in about ten days. His last 
Dispatch to your Department was dated the 3rd. inst. 

With the highest sentiments of regard I have the honor to be 
Very respectfully 

Your friend and Obedt. Sevt 

Chas. H. Raymond 

P. S. To save postage I give a copy of the slip alluded to 

[Inclosed are copies of the following:** Legar6 to Van Zandt, May 
10, 1843; and Mitchell to Porter, April 21, 1843.] 



Jones to Eve. 

Dept op State 
Washington [Texas] May 16th I84S 

The Undersigned Secretary of State of the Republic of Texas having 
laid before his Excellency the President the communication from Mr. 
Joseph Eve Charg6 d' Affaires of the United States, of the 13th 
Ultimo requesting on the part of the United States that Texas will 
abstain from carrying on the war against Mexico (Should it continue) 
by predatory incursions whether with a view to retaliation or other- 
wise, has now the honor by the instructions of the President to assure 
Mr. Eve that no orders have been or will be issued by him authorizing 
any predatory incursions into the territory, of Mexico and that Texas 
will continue to abstain from any such mode of warfare, and that in 
the further prosecution of the contest she will carry it on, according 
to the rules recognized by all civilized nations in modem times; 
imless provoked to a contrary course by a continuance of unwarrant- 
able acts of aggression, inhumanity robbery and perfidy and murder 
on the part of Mexico herself. 

In the personal interviews with Mr. Eve which the undersigned 
had the honor of holding at Galveston recently in relation to this 
subject, this assurance was given Mr Eve verbally; and the Under- 
signed is happy in stating to Mr Eve that the President has been 
much gratified in rec[e]iving the information then given the Under- 
signed that his Excellency's condutit and policy in the prosecution 
of the contest with Mexico and in the mode of warfare adopted by 



a See Calendar of Correspondenoe witb the United States; Port I. 



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180 AMERICAN HISTORICAL ASSOCIATION. 

him, were well understood by Mr Eve and that they had obtained his 
entire sanction and approval. 

The Attitude towards Texas and Mexico now assumed by the Gov- 
ernment ol the United States as the leading power upon the continent 
of America, and the Conservator of those high principles of civiliza- 
tion and humanity regulating the mode of modem warfare, as 
acknowledged by all Christian States in the pres^it age, being in 
accordance with the declared views and wishes of this government, 
the Undersigned is further instructed to assure Mr. Eve that the 
President of Texas will endeavor by every means in his power to 
promote and render effectual the great end and ob^ct which the 
United States propose to themselves in taking this attitude 

The Undersigned avails himself with much pleasure of the present 
occasion to renew to Mr. Eve the assurance of the great respect and 
esteem with which he has the honor to remain 
His most obt 

and very humble Servant 

Signed Anson Jones 

Hon. Joseph Eve 

Charge W Affaires of the U, States 

etc etc etc 



Jones to Eve. 

Dept. op State, 
Washington [Texas], May nth, I84S, 
The undersigned. Secretary of State of the Republic of Texas, has 
the honor to acknowledge the receipt of the note addressed to him 
by Mr. Eve, on the 28th. ult. in relation to the subject of coasting 
licences. 

Although the adoption of the suggestion of Mr. Eve, in regard to 
this matter, might, perhaps, be productive of much general con- 
venience and benefit, the undersigned nevertheless conceives that 
the instruction to the receivers of customs, asked for, can not be 
given, as it would not be in accordance with the provisions of the 
fifth section of an act of the Congress, entitled "An Act for the regu- 
lation of the Coasting Trade and the protection of Texian Shipping", 
approved January 4th. 1841.** 

The imdersigned avails himself of this occasion to renew to Mr. 
Eve the assurances of his distinguished consideration. 

(Signed) AxsoN Jones 

To Hon. Joseph Eve, 

OhargS d' Affaires of the United Staies, 

etc. etc. etc, 
Galveston. 



•Qammsl, Law$ cf Tnu, 11, 479. 



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COBBESPONDENCE WITH THE UNITED STATES. 181 

Ckawpord TO Porter." 



Porter to Leqare.*' 



Jones to Van Zandt. 

Depabtmbnt op State, 

IWashington, Texas,] 

June Ut ISJfi 
Hon. Isaac Van Zanxtt 

Ch^vrgi d* Affaires of Terns 
Sir 

The enclosed documents marked from A to [Fl will give you all the 
information in the possession of this Department concerning certain 
outrages recently committed npon the authorities and citizens of this 
country by officers and citizens of the United States. 

You wiH cause information of the same to be laid before the Gov- 
ernment of the United States at your earliest possible convenience, 
with a respectful but ui*gent request for such prompt redress as the 
circumstances of the cases require. 
I have the honor to be, 

with high consideration, 

Your very obedient servant, 

(signed) Anson Jones. 

(The documeiiis accompanying this communication were copies of 
the following, viz.*' 

1. A letter from Dist Atty. 7th Jud. Dist. redting the manner in 
which the goods etc. were taken from the collector. ' ' A.'' 

2. The petition in thfO action commenced by the collector in the 
Dist. Court of Red River, with the order of the Judge thereupon. 
' ' B. ' ' This oontaiDs a description of the goods etc. 

3. Letter from Secretary of the Treasury, enclofiing certain docu- 
ments relating to the subject. ''C."^ 

4. Letter from collector to Sec'y Treasury — reciting the History of 
the transaction. D ^ 

5. Letter to collector &om Acting Sec'y of the Treiisury ' *E." / 

6. Letter from acting Secretary of Treasury to certain traders. 

• May 26, 1843. See Van S^andt to Jones. June 29. l^O. 

» May 37» 1843. Sea Via Zaadt to Jones, Jane »« 1B4S. 

t Wliat follows in jMoenthesis is an explanatory statement appended to the copy of tke letter. 

tf TlilB letter has not "been found. 

< See Calendar onder title of Bourland to Secretary of Treasury of Texas {Shaw] , May 4, 1843. 

/ See Calendar under title of Shaw to Bourland, April 17, 1843. 

^Sec Calendar under title of Bourland to Doak & Tims and others, April 17, 1843. 



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182 AMEBIC AN HISTORICAL ASSOCIATION. 

[The communication from the district attorney inclosed with the 
original Department of State letter to Van Zandt is as follows:] ** 

Clarksville, Texas, May 1st, I84S. 
To Hon. Anson Jones, 

Secretary of State. 
Sir, 

The enclosed Petition will give all the information in my possession 
concerning the seizure of certain Goods etc. imported to,* and stored 
within the limits of this Republic. 

It becomes my duty to report to your Department the manner in 
which said Goods, were taken from the possession of James Bourland, 
the Collector of Customs for this District. Captn. Joseph Scott, the 
master of the Steamer Fort Towson mentioned in the petition, after 
learning of the seizure, and before the issuing of the monition by the 
Clerk as required by law, proceeded to the landing at which said goods 
were stored, and then in possession of the Collector, and together with 
the crew of his own vessel, and that of the Steamer Hunter, consist- 
ing of about thirty men in all, after seizing the Collector, forcibly took 
the goods out of his possession, and reshipping them on board of his 
vessel, immediately conveyed them off. This flagrant violation of 
the requirements of good neighborhood, and infraction of our rights 
as a nation, by a citizen of another Government, (the United States) 
was accompanied by the grossest indignities to the person of the Col- 
lector Mr. Bourland, who was seized by this lawless band of ruflBans 
and intruders, forcibly thrown down, and tied hand and foot, and 
compelled to remain in that degrading situation, until they completed 
their robbery. 

I have conceived it my duty to furnish you with this statement of 
the facts, to enable you to take such steps as may be necessary to 
obtain redress for this; and prevent the recurrence of similar out- 
rages; by teaching the aggressors what fearful risks they run, by an 
interference with the rights of nations. Something should be done 
by our Government, to remedy the frequent violations of the rights 
of both our Citizens, and Government. The citizens, and I am sorry 
to add, too frequently the Officers of the United States, forgetful of 
the principles of justice, and all regard for treaty stipulations, trample 
upon those rights, reckless of the consequences that may ensue from 
embroiling the two Countries; careful alone of their own personal 
safety, and arrogantly insulting, from the hope, that they will be 
shielded by their own Government. 

In October last, a Col. Loomis, the Commandant of the garrison 
at Fort Towson, without justification or provocation, ordered the 

a See Records of Department of State (Texas), Book 45, p. 84. 



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COREESPONDENCE WITH THE UNITED STATES. 183 

destruction of a number of Barrells of Whiskey, the property of Capt. 
Travis G. Wright, (a highly respectable and worthy citizen of tiiis 
RepubUc). The Whiskey was on board a keel boat, upon which it 
had been freighted, and which said boat was discharging freight for 
the Garrison, at Fort Towson, previous to proceeding to Captain 
Wrights landing, which order was executed. The proofs, I am happy 
to learn are being prepared to be sent to your Department. 

Whilst every exertion is being used to enforce the treaty stipula- 
tions governing the intercourse of the two countries, by the authori- 
ties of this, I can hear of none being made to check their infraction on 
the part of the United States, or any notice taken of the conduct of 
offenders; If that Government were notified of this state of affairs, 
they would certainly remedy it. 
I have the honor to be, 

Your Obedient Servt. 

Jessb Benton Jr. 

DisL Attorney 
7th. Judl DisL 



[The petition of Bourland, also enclosed in the original letter to 
Van Zandt, is as follows : ^] 

rTL, T> m« r To the Honorable John T. Mills, Judge 

The Republic op Texas - . , a xu t j • i ri- * • x t> 
n A j-Ty J Ty- \ 01 the Seventh Judicial District, Pre- 

CourUy of Eed Bwer -j- • t j t:^ -^ 

^ -^ L sidmg m Law and Eqmty. 

The Petition of James Bourland, Collector of the Customs, in and 
for Red River District, for the Republic of Texas, aforesaid, by Jesse 
Benton Jr. Dis. Attorney, would respectfully show and represent 
imto your Honor; that on or about the fifteenth day of March in the 
year of Our Lord One thousand eight hundred and forty three; cer- 
tain Goods, Wares, and Merchandise, from a foreign port, and from 
foreign ports, and on a foreign vessel or Steam Boat, called and known 
by the name of the Fort Towson, were imported to and within the 
limits, and boimds of the CoUectoral District, aforesaid, in the Repub- 
Uc of Texas aforesaid; And that the said Goods, Wares, and Merchan- 
dise, hereinafter described and set forth: so imported and introduced 
from a Foreign Port as aforesaid, by and on and upon a foreign vessel 
or Steam Boat called the Fort Towson; were then and there landed, 
imported, and introduced, into the said RepubUc of Texas, at a certain 
landing, port, or place called Rowland; and usuaUy known and caUed 
by the name of Brierly's ^ Landing, the same being in Red River 
County, and the RepubUc of Texas, aforesaid; and proceeded to land, 

a Bee Records of Department of State (Texas), Book 45, pp. 86-89. 
b The correct spelling is Bryarly. 



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184 AMEBICAN HISTORICAL ASSOCIATION. 

deposit, and store the said Goods, Wares, and Merchandise as above 
mentioned; without then and there, and in the necessary and duo 
time required by the Laws of the Republic of Texas; and the Laws 
regulating the Revenue, and for the collection of the impost duties, 
for the same; making a written report, and entry of the said Goods, 
Wares, and Merchandise, to the said Collector of the Customs, for the 
said District, or his legally authorized Officer, in accordance to law; 
and without making a report to him, of the same; and did fail to 
make a proper manifest in writing, containing and presenting the 
marks, numbers, contents, and packages and of all the different 
packages, or parcels of Goods, Wares, and Merchandise; so imported, 
introduced, and landed by the said Steam Boat called the Fort Tow- 
son; and the place where the said Goods, Wares, and Merchandise, 
were taken on board, and shipped at; together with the name and 
description of said Boat, her burthen and tonnage etc; together with 
the name, of the Consignees of all the same, to the Collector of the 
Customs in and for said District, and the Republic aforesaid; within 
the time required by the laws of Congress, regulating the collection 
of the Revenue by Impost Duties, and entitled an Act, ** Altering the 
several Acts to raise a Public Revenue by Lnpost Duties," which 
recites; that **all duties accruing to the Republic imder this Act, and 
which may be levied and assessed on Goods, Wares, and Merchandise, 
imported into the territory of the Republic, shall be paid to the Col- 
lector of the port, district, or station, in cash, at the time of such 
importation, on proper, and lawful entry thereof being made, to the 
Collector, or proper Officer of the Customs, which cash payment must 
be made in Gold or Silver, or in the Exchequer Bills of this Govern- 
ment; and it shall not be lawful, for the Officer, or Collector of the 
Customs, to deliver or permit the delivery of any goods, wares, or 
merchandise, to any Consignee, Agent, or proprietor, thereof, except 
in the manner herein provided, unless the amoimt of Duties accruing 
thereon shall first have been paid to the Collector, or proper Officer 
of the Customs, appointed by such Collector to receive the same." 

And your petitioner, would further respectfully represent unto your 
Honor, that the said Goods, Wares, and merchandise, as heretofore 
stated, having been so imported, landed, and introduced from a 
foreign port or ports, by the Steam Boat Fort Towson, as aforesaid ; 
and landed and deposited within the limits and territory of the said 
RepubUc of Texas, without a proper entry thereof being made, in 
the time and manner required by law; and the duties on the same, 
in accordance to the law in such cases made and provided ; not having 
been paid, as aforesaid ; And your petitioner having reason to suspect, 
that the same, and aforesaid mentioned goods, wares, and merchan- 
dise were subject to duty; and that the same were concealed, and 



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CORRESPONDENCE WITH THE UNITED STATES. 185 

deposited in a store house, in the territory and limits of said Republic; 
he proceeded by a warrant granted by and from a proper Officer, and 
proceeded to search for the same, on or about the twenty-sixth day 
of March A. D. 1843; when the following goods, wares, and merchan- 
dise, packages, and parcels, all being subject to duty, were found 
deposited and stored, at the above named place or town called Row- 
land, also usually known and called Brierly's Landing, on Red River, 
the same being in Red River County, and within the limits and the 
Territory of the Republic of Texas, which were then and there seized 
by him, in accordance to the Law: Viz 

[Here follows the invoice.**] 

Alt of which parcels, and packages of goods, wares, and merchan- 
dise, as ^bove named and described, were seized and secured in 
accordance to Law. And your Petitioner would fiuUier represent 
unto your Honor, that conceiving the above mentioned goods to be 
forfeited, imder the Law in this case made and provided; inasmuch 
as the Duties, upon the same were not paid to the Custom House 
Officer, for said District; nor entered with the proper officer as 
required by Law; your petitioner, would therefore respectfully 
request of your Honor, that you do issue a decree, ordering the said 
Goods, wares, and Merchandise, as aforesaid to be libelled, and prose- 
cuted in the proper Court, having cognizance of the same; and that 
the owners of said vessel on Steam Boat, and claimants of said goods, 
wares, and merdiandise, whoever they may be, to be cited to appear 
before your Honors Court, and respond and answer to the same; as 
by law they are required to do ; And that Judgment be then and there 
rendered in the same etc.; and your Petitioner as in duty bound will 
ever pray etc. 

Jamss Boubland, Collector 

by 

Jesse Benton Jr. Dis. AU'y 

7th. Judl Dist. 



Van Zandt to Legab£.'> 



Leqar6 to Van Zandt. <^ 



Memorial of Cooper,** 



« See U. 8. Pub. Docs., 449, Doc. 1, p. 94; Und., 463, Doe. 2, p. 94. 
6 June 1 , 1843. See Van Zaodt to Jones, June 5, 1843. 
e June 1 , 1843. See Van Zandt to Jones, June 29, 1843. 
d Undated. See Van Zandt to Jones, June 5, 1843. 



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186 AMEBICAN HISTORICAL ASSOCIATtON. 

Van TtAnnyr to Jones.* 

Despatch No 101 * 

Salem Tenn 5th June I84S 
Hon Anson Jones 

Secretary of State 

etc, etc, etc. 
Sm 

I have the Honor to enclose you a copy of the letter of Mr Legare 
Secretary of State of the United States ad interim and a copy of 
the letter of D D Mitchell Supt. In<^ Affairs at St Louis which accom- 
panied the letter of Mr Legare both of which treat in relatfon to 
an assemblage of armed persons on the Western borders of the United 
States who it is alledged are acting under and by authority of com- 
missions issued by the Government of Texas lo Col Warfield and 
others. Having no information from your department in relation 
to this subject you will perceive from my note in reply to Mr Legare 
that I have not commited my Grovt in any manner in relation to 
the same A copy of my note to Mr Legare dated June 1st is here- 
with submited for your information. I hope I shall be favored 
with a reply and the instructions of your department concerning the 
same at the earliest day possible. 

I enclose you a copy of the petition of Joseph Cooper Gun maker 
of the City of New York in which he states Genl Hunt is indebted 
to him a large sum for arms etc. which he prays may be paid by the 
Texian Government I wrote Mr Cooper in reply in which I expressed 
the opinion that the contract from his own showing as well as other 
circumstances known to me was a private one and would not likely 
be met by the Govt but that the same would be submited by me to 
your department for its information. I deem it unnecessary to add 
any thing further in relation to the petition as its showing is suffi- 
ciently explicit 

:|c * * * * * * d 

I remain with great Consideration your very Obt servant 

Isaac Van Zandt 

(private) 

I have said the letter of Mr Legare and that of D D Mitchell are 
enclosed. I did not think it necessary to send a duplicate copy as 

aA.L.S. 

b Properly 1Q2. • Van Zandt to Jones, May 3, 1843, had been nombered 101. 

c Indian. 

d The matter omitted here relates to Van Zandt's salary. 



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CORRESPONDENCE WITH THE UNITED STATES. 187 

Mr Raymond sent a copy direct from Washington which you will 
please consider a portion of this dispatch. (I mean the copies of 
the letters alluded to.**) 

[Inclosed is a copy of Van Zandt to Legar^; June 1, 1843.^] 



To his Excellency, the 

Minister of Texas 

at Washington etc etc 

The memorial of Joseph Cooper of the City of New York, Gun 
Maker 

Respectfully showeth That in the year one thousand eight hundred 
and thirty six, your memorialist Joseph Cooper was applied to by 
General Memucan Hunt to furnish fire arms, swords and ammunition 
to be used by the Texian Army, and trusting in the honor and state- 
ments of the said Genl. Memucan Hunt your memorialist was induced 
to agree to furnish the same and General Hunt handed your memo- 
rialist several promissory notes — the payment whereof were also 
guaranteed in ¥rriting by the Honorable J Pinckney Henderson, his 
guarantee being in the following words: 

*'Know all men by these presents that whereas one hundred and 
sixty promissory notes are this day made by Major General Memucan 
Himt of the Texian army of five himdred and eighty dollars each, 
payable at the Bank of America in the City of New York to the 
order of H. S. Foote, due two years after date, Now I J. Pinckney 
Henderson being jointly interested with said Hunt in raising of the 
money designed to be raised upon said notes for the benefit of the 
cause of Texas, do hereby in consideration of the same, guarantee the 
faithful payment of the same, assuming aU responsibility in relation 
to the liquidation of said notes anterior to aU the endorsers who 
may successively endorse the same: and do hereby absolutely pledge 
my estate both real and personal in behalf of said liquidation, so 
as to secure the punctual payment of all of said notes, and thereby 
entirely liberate all endorsers whatever from all responsibility and 
shield them effectually against all pecuniary detriment, each of 
which promissory notes are of the same tenor and date, and amount 
in the aggregate to the sum — ^ninety two thousand dollars. 

Witness my hand this twenty ninth day of September, in the year 
of our Lord one thousand eight hundred and thirty six. 

J. Pinckney Hendebson'' 

a For these letters, see Raymond to Jones, May 12, 1843. 

b See Calendar of Correspondence with the United States, Part I 



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188 AMERICAN HISTORICAI, A8SOCIATTON. 

And your memorialist shows that he furnished to General Himt 
as far as it was possible at the time snch fire arms, swords and ammu- 
nition as follows: 

H. 1.3. 3 casee containing 

50 United Statee Carbines a |25 $1250. 

12 moulds for ball and buck shot $1.50 18. 

50 M large Percuasion cape $1 50. 

3 boxed 6 

4.5 2 casee containing 

50 beet cavalry ewordfl $6 300 

2 boxes and Cartage 3 

6.10. 5 cases muskets containing 

100 United States muskets and bayonets (ft $6 eOO. 

5 casiB and cartage 7 



$2234. 



And your memorialist shows that though he holds nineteen of the 
one himdred and sixty promissory notes mentioned in the guarantee 
of J Pinckney Henderson, yet be has no right over the same, except 
to the extent of the above balance of Two thousand and two hundred 
and thirty four dollars, and he is willing to give up all the notes if he 
can be paid what is justly due to him. 

Your memorialist was obliged on account of General Himt not pay- 
ing the account or any of the notes to sue General Hunt in New 
Orleans, whose bail, however, took advantage of an act then lately 
passed ; and your memorialist instead of securing any part of his debt 
has to pay his lawyers a large amount for fees. 

Although he has made urgent request of General Htmt to pay or 
cause the said amoimt due to him to be paid, and though application 
has been made to the surety General Henderson, yet the debt has 
been in no way paid, although your memorialist has been greatly 
distressed for the want of money ; that he is now over sixty jrears of 
age; and will not be able to pay his honest debts unless the above 
account be paid to him. 

And your memorialist shows that inasmuch as the said fire arms, 
swords and ammunition were ordered for and used by the Texan 
Government, therefore it is respectfully urged and asked that the 
Texas Government should through your Excellency, cause or take 
such measures that the said account may be paid. 

Your Memorialist prays accordingly that your Excellency will take 
such measures as will secure to your memorialist and his family the 
said amount of Two thousand Two himdred and thirty four Dollars. 

(signed) Joseph Cooper 

(Copy) 



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COBRESPONDENCB WITH THE UNITED STATES. 189 

«k>N£8 TO Van Zandt.* 

Department of State 
Washington [TVa^cw], June 8th, 1843. 
Hon. I. Van Zandt 

Charge d^ Affaires 
Sir, 

I have the honor to acknowledge the receipt of Mr. Raymond's 
letter to this Department, under date of the 12th Ulto. with the 
accompanying documents, in relation to certain acts of Col. Warfield. 

Enclosed I send you a copy of the instructions given to Col^ War- 
field by the Secretary of War and Marine in August last,^ siiskce which 
time the Ck>vemment Qi Texas, has hftd no communication with tJ^at 
GentlMnan. Indeed \mtill very recently it had supposed that Um 
proposed expedition of Col. Warfield had beeA long since abaadooed. 
When ho received his eommissioQ and these instructioiui, the Grovem* 
ment was led to believe that he would act immediat^y, and the 
object of giving him his powers was to make a diversion through Ms 
agency, so as to favor the expeditiooi which [it} wae anticipated would 
cross the Rio Grande in the fall, and after ooeupying Santa F4 (which 
is in our declared limits) to fall down and form a junfitioik with the 
leader of that expedition. From his not having acted at the con- 
templated period, therefore, the presumptioa was that he had 
abandoned his expedition. 

Yon will pereieve that the instructions to Col. Warfield in no respect 
autiiorize his enlisting men and oi'gmuing an expedition within the 
limits of the United States, and thi» government disclaims giving 
its sancticm to any act ol Col. Warfield, which should violate the 
rights or hazard the neutral obUgatkms of the United Stsjte». 

The enclosed letteor from the Department of War and Marine you 
will forward to Mr. Warfield whenever you can ascertain his locality. 
Upon his receipt of the same it will opiate as a notification to him 
that all powers heretofore granted him by this Goverameat hav^ been 
revoked.* 

On receipt of this dispatdn^ you will address the Department of 
State of the United States, grnng the explanations authorized above 
and communicating tiia fact tbiat the letter revoking tha powero 
granted to Mr. Warfldd has been sect him. 
I have the honeor to be * 

with the h^hest respect 
YowrMo.Obt.Svt. 

@ig])«d) Anson Jones 

a Angust 16, 1842. See Calendar of Corrospondenoe with the United States, Fart I. 
»Nb copy of this letterl^iM been (taBd. 



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190 AMERICAN HISTORICAL ASSOCIATION. 

Eve to President of Texas [Houston.] *» 



Eve to Jones.'' 

[Transmitting Eve's letter of recall and his address to President 
Houston, June 10, 1843. The address follows:] 



Galveston 
June 10th. I84S 
Mr. President, 

I am instructed by the Secretary of State of the United States, in 
taking leave of your Government to avail myself of the occasion, to 
express to you assurances of the continued good will of the President 
of the United States towards the Republic of Texas — ^And his desire 
to preserve and improve the relations of harmony, so happily sub- 
sisting between the two countries, which I pray God may continue to 
exist. Were I to stop here Mr. President without expressing my 
gratitude for your kindness, and that of the people of Texas to me, 
I should do injustice to my own feelings. The courtious, and uncere- 
monious manner with which you, and each member of your Cabinet 
have received me in public, as well as our private intercourse, calls 
from me most sincerely the expression of my thanks. And whereever 
my future destiny may place me, the Government and people of 
Texas, will have my warmest wishes, for the success of their just 
cause, their prosperity, and happiness. I will further say Sir that I 
trust, and hope the day is not distant, if Mexico shall not yield to 
the remonstances of friendly foreign powers, and acknowledge the 
independence of Texas, that my Government being the oldest on this 
continent, will pursue the example of the leading European powers 
on that continent, and say to Mexico, the war you are waging is 
hopeless, you are conducting it in an nnchristian manner, and not 
according to the usages of international law, with Christian people, 
that it is an useless waste of human life, and is daily producing indi- 
vidual suffering, that it interrupts and harrasses the commercial 
relations of every coimtry, and more especially that of the U. States. 
Therefore you must cease your hostile operations. 

It is now more than seven years since the declaration of your inde- 
pendence, which I consider to have teen perfected on the glorious 
and memorable field of San Jacinto, where you sir in the van of your 
gallant comrades, acquired a fame that time cannot take from you. 
The mercy and humanity displayed on that occasion to a foe that had 
never shown either, adds a glorioxis lustre to the victory of that day. 
The hitherto victorious Santa Anna, whose hands were imbrued with 

a A. In, June 10, 1S43. See Eve to Jones of the same date. ^ A. L. S., June 10, 1843. 



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COEBESPONDENCE WITH THE UNITED STATES. 191 

the blood of your countrymen, who had perfidously violated the terms 
of capitulation entered into by the lamented Fannin, who in viola- 
tion of the laws of justice, humanity, and of Gpd, caused him and 
his gallant companions to be slain in cold blood. He had justly for- 
feited his life, yet History will record that you spared this monster 
of blood, when in your power, and that this great victory, was not 
stained by a single act of violence or of bloodshed. This act alone 
should entitle you to the admiration of posterity. 

You have Mr. President a beautiful and most desirable country, 
your climate is fine, the soil equal to any, and rewards the husband- 
man with a boimtious plenty, your vast prairies with its perpetual 
verdure affords inexhaustable grazing for the herdsman. You have 
fine navigable streams. With all these advantages a few years peace, 
with a wise, economical and energetic administration of the affairs 
and the laws of the country, will make Texas, '^rich, happy, and 
Free'' 

Altho, Texas has for some time labored imder every disadvantage, 
produced from causes beyond her control, in a great degree, her 
population has steadily increased and will continue to increase, your 
agricultural wealth has been developed, in a ratio not surpassed by 
any country. Whilst Mexico in the oppression of her people, disre- 
gard of law, and order and internal convulsion, has shown her unfit- 
ness, to render happy and secure any people. The inteUigence of 
your people, and the great natural advantages of the country, does 
not leave a doubt that Texas is destined to take a proud rank amidst 
the Republics of America, unless her onward course be retarded by 
folly, and unwise Government. The race from which we have 
descended, forbid the idea, that the cause of civilization, and free 
government will fail in their hands 

Mr. President you have been a second time called by the suffrage 
of a large majority of your fellow citizens to preside over the destinies 
of this young and rising Republic. And altho you have been sur- 
rounded by difficulties seldom met, in the administration of affairs, 
I doubt not you will close your administration in a maimer most 
satisfactory, to your countrymen, and .those who feel an interest in 
Texas abroad, and that you will add to a fame so hardly won. You 
have my prayers for your success in behalf of your Country, as well 
as individually 

I have the honor to be with great consideration 
Sir 

Your obedient Servant 



Jones to Van Zandt.* 



a Jane 10, 18^, ApopjrolJonestoamiUioftbeswnedate. See Calendar of Correspondenoe with Great 
Britain. 



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192 american historical association. 

Jones to Van Zandt.*» 

DfiPARTMRNT OF StATS, 

WashingUm [Tdwwl, Jum 15th, 1843. 
Hon. Isaac Van Zandt, 

Charge d^ Affaires of Texas 
etc. etc. etc 
Sir, 

Since my communication to you of the 10th. Inst., infonnation has 
been received from Mexico, through H. B. M. Charg* d'AflFaires near 
this Grovt. that Gen. Santa Anna has given orders for a cessation of 
hostQities on his part, and that he would agree to an Armistice with 
Texas, and receive Commissioners to treat on terms of peace. 

Copies of the several documents in relation to this matter, together 
with the Presidents Proclamation of an Armistice are herewith 
endosed for your information.* 

As this information somewhat alters the aspect of our affairs, you 
will defer for the present, communicating the '* Declaration'' which 
you were instructed to make to tfaje Government of the United States, 
in my despatch to you of th« 10th. Instant. 
I have the honor to be. 

With the highest regard. 

Your very Obt. Servt. 

Anson Jones 

P. S. There will be no impropriety perhaps in yovu: letting Mr. Legare 
have the perusal of my whole despatch of the 10th. Inst.^ as it indi- 
cates the course which this Govt, may have to pursue in the event of 
the negotiations with Gen. Santa Anna failing. 

A. J. 

(Duplicate sent to A. Smith, Esqr.) 



Murphy to Secretary op State [Leoab£]. 



Van 25andt to Jones.* 

Despatch 102 « 

Legation of Texas in the 
Uncted States Franklin County Tenn 

Si9(h June 1843 
Hon Anson Jones 

Secretary of State of Texas 
Sir 

I have the honor to acknowledge the receipt of ymxr Official 
Communications of the 8 and 9th Ultimo. In regard to that portion 

..... Ill .11 1, H I '■■ii i » H I ■■ ■ I m. I ■ ■ II 

a Copied, mutatia mutandit, from Jones to Smith of the same date. See Records of DepartniBot of 
State, Texas, Book 44, p. 160. 

b No copies were made for preservation In the Texan archives. For the proClamstf<Ki, ivlijdh viu ^guti 
June 16, 1843, see The Morning Star (Houston). June 20^ 1MB. 

e June 10, 1843. See Calendar ot CorrBSEKmdence with the United States in Part I. 

dL.S. 

e Properly 103. See Van Zandt to Jones, June 5, 1843} note. 



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CORBBSPONDENCB WITH THE UNITED STATES^ 193 

of the same which relates to negroes of Mr Bobinson alledged to have 
been carried off by the Indians of the United States I find the follow- 
ing to be the situation as appears from the records of this legation. 
Mr Amory in the absence of Mr Bee on the 19th of May 1841 
addressed Mr Webster a communication on the subject submiting 
Mr Bobertsons statement (which I suppose similar to the one now 
made) and requesting the restoration of the two negro slaves to their 
owner the punishment of the offenders and remuneration for all other 
injuries to Mr Bobertson and his property. On the 7th October same 
year Fletcher Webster Acting Secretary of State replied by stating 
that the matter had been refered to the War Department, that the 
Secretary of War had considered and reported upon the same, a copy 
of whose report was submited to Mr Amory. The Secretary of 
War in his report says that there is no evidence whatever submited 
that the Indians who commited the depredations were from the 
United States and argues that the probability is they were Indians 
belonging to Texas He states that the SSrd Article of the treaty 
does not require the restoration of property and only contemplates 
the prevention of hostilities and return of captives. That the United 
States could only use persuasive measures with the Indians to procure 
a restoration of property and if they failed Mr Bobertsons remedy 
would be indemnification by the Grovt to be settled by negotiation 
He further states that ["]in regard to the two negroes if it be found 
that they are the property of Mr. Bobertson and that they were 
brought from Texas by United States Indians considering them as 
captives the 33rd Article of the treaty with Mexico would require 
them to be restored'' He then goes on to state the act of April 20th 
1818 « which makes it penal to bring hold or sell a slave from any 
other country etc and closes by saying that ''under the provisions of 
this act if the negroes belong to Mr Bobertson whether they were 
captured by our Indians or not imless they are fugitives they would 
have to be given up and those who brought them into the country and 
now hold them would be liable to be prosecuted and to the penalty 
of this act" 

Mr Amory replied on the llth** of October 1841 say[ing] that "as 
the Govt of the United States still keeps the question of proof of the 
wrong refered to open and upon that account declines admiting 
to their full extent the justice of the complaint of Ifidian aggressions 
that he will advise his Government of the position in which the matter 
now stands so that the most irrefragible evidence may be furnished 
etc" 

On the 12th of the same last mentioned month and year Mr Amory 
laid the whole subject before the Govt of Texas with the suggestion 

a UidUd 8taU9 StahUea at Large, HI, 451-453. 

b Or the 12th. See U. S. Pub. Docs., 600, Doc 14, p. 66, where the letter is printed. 

30728'*— VOL 2. PT 1—11 ^13 

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194 • AMEBICAN HISTORICAIi ASSOCIATION. 

that all the evidence possible should be procured in relation to this 
and^other Indian aggressions and laid before the United States 
Charge in Texas or communicated to this I^ation Since that time 
the matter has rested so far as any thing appears among the papers 
or upon the records of this Legation. 

The United States appear to be willing to consider them as captives 
or as slaves brought into the coimtry in violation of law. Mr Amory 
seems to have sent the original statement of Mr Robinson and all 
the other evidence if there was any to the Secretary of State of the 
United States. From these facts I think it best that the matter 
should be referred to Mr Robinson that he may obtain all the proof 
possible before the subject is brought up again Entertaining this 
view I shall let the matter rest here imtill I shall hear again from 
your Department in relation to the same, when I shall without delay 
proceed in accordance with your instructions should you submit 
them for my guidance 

I enclose you a copy of a communication reed from Mr Legare 
Acting Secretary of State in reply to my note of the 3d of February 
last in relation to the conduct of A M M Upshaw Indian Agent and 
the accompanying dociunents enclosed by Mr Legare I thought it 
only necessary to acknowledge their receipt and advise Mr Legare 
that the same was transmitted to my Government for its information. 

The complaint against the whiskey shops upon the line on the 
Texian side has been frequently made to the War Department here 
as I have been told by the Secretary of War. If our Government 
has the power to prevent the sale of whiskey to the Indians along 
the line I have no doubt its exercise in suppressing the traffic would 
be attended with the most salutary effects 

I start this day for Washington with my family I go by private 
conveyance. In granting me leave of absence you suggest the 
months of August and September but say I must leave at such time 
as will be least detrimental to the public service. I have been gov- 
erned by the last suggestion The President and most of his Cabinet 
being now absent from the seat of Government I deemed it best to 
avail myself of the occasion to visit my family during their absence. 
I hope to be able to reach there by their retiurn. 
With high regard your 
Most obt sevt 

IsAAO Van Zandt 

[Inclosed are copies of the following:* Upshaw to Crawford, April 
15, 1843; Crawford to Porter, May 26, 1843; Foster to Legar6, 
May 27, 1843; Legarfi to Van Zandt, J-me 1, 1843.] 

• Here is omitted a paragraph relating to Van Zandt's salary. 

h See Calendar of CorreBpondenoe with the United States in Part I. 



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obrrespondencb with the united states. 195 

Van Zandt to Legae^.* 



Jones to Van Zandt. 

Department op State 
WasUngton [Texas] July 6th 184S 
Hon. Isaac Van Zandt 

Chargi d' Affaires of Texas etc 
Sm, 

In a communication from this department addressed you on the 
10th day of February last you were instructed to give to the Secre- 
tary of State of the United States certain verbal assurances in rela- 
tion to the subject of the annexation of Texas to that government, 
and authorized on the happening of certain contingences to enter 
into some preliminary negotiations in relation to this subject, etc. 

The United States having taken no definite action in this matter, 
and there now being an increased prospect of an adjustment of our 
difficulties with Mexico, the President deems it adviseable to take 
no further action at present in reference to annexation, but has 
decided to await the issue of events now in progress, and to postpone 
that subject for future consideration and for such action as circiun- 
stances may (hereafter) render most expedient for the interests of 
this coimtry. 

It is believed that the settlement of our difficulties with Mexico 
and the acknowledgement of our independence by that power will 
very much simplify the question of the annexation of Texas to the 
United States, and if after this event Texas should continue to desire 
this annexation, a treaty for the purpose would be more likely to 
succeed and to meet with favor from the people of the United States, 
than if, as now, that question were embarrassed with a question and 
involved the contingency of a war between that Grovemment and 
Mexico. 

It being therefore the policy of this government to occupy itself 
for the present exclusively with the subject of an adjustment of the 
existing difficulties with Mexico, the instructions given you on the 
tenth day of February last above referred to are hereby suspended 
imtill further notice shall have been transmitted you from this 
department. 

In your personal intercoiu^e with the Secretary of State of the 
United States it may be proper that you should communicate this 
fact to him verbally 

I have the honor to be 

with the highest respect 
Your Mo Obt Svt 

(Signed) Anson Jones 

a June 29, 1843. See Calendar of Conespondenoe with the United States in Part L 



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196 amebican historicaii association. 

Jones to Van Zandt. 

Department of State 
WaaUngton [Texas] July 7th I84S 
Hon Isaac Van Zandt 

Gh.d'Affetc 
Sm 

I have the honor to acknowledge the receipt of your despatch No 
101 ** under date of the 5th June Ulto. with its enclosures 

A copy of Mr. Legare's note in reference to the acts of Col. Warfield 
was previously forwarded to this Department by Mr. Raymond and 
instructions on that subject were sent you on the 8th. Ulto. 

In relation to the petition of Mr. Cooper Gun Maker of New York 
for payment of a claim of $2234, for arms etc furnished to Gen. 
Memucan Hunt in the year 1836, I have consulted that gentleman 
who is now at the seat of government, and he informs me that the 
transaction between himself and Mr. Cooper was a private one 
entirely, and that the responsibility of the government of Texas was 
in no way involved in the same, which was the understanding between 
himself and Mr. Cooper at the time. As the expedition for which 
these arms etc. was furnished did not go into eflFect, it is believed that 
the Government of Texas received no benefit or advantage from the 
same and consequently there can be no obligation on its part to assume 
the debt. 

♦ ♦ ♦ « ♦ 4: ♦& 

My last communications to you were of the 8th and 16th * of June 
Ulto. 

I have the honor to be 

with the highest respect 
Your obt svt 

(Signed) Anson Jones 

P. S. Please present my best respect to Mr. Bodisco and to Mr 
Serruys 

(Signed) A. J. 

MUBPHY TO LeGAb£.<* 



MUEPHY TO LeGAB£.^ 



Report op Snively.' 



a 102. See Van Zandt to Jones, June 5, 1843, note. 

b Here and after the postscript are omitted paragraphs relating to Van Zandt's salary. 

e A dispatch of the 15th, but none of the 16th, is copied in the Records of Department of State (Texas). 

d July 8, 1843. See Calendar of Correspondence with the United States In Part I. 

« July 0, 1843. See Calendar of Correspondence with the United States in Part I. 

/July 0,1843. See Jones to Van Zandt, September 29, 1843. 



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c0bbesp02!n)ence with the united statesi 197 

Van Zandt to Upshur.** 



Van Zandt to Upshur. '^ 



Van Zandt to Jones.*' 

[104'^ Legation op Ti^xas 

Washington City August lOtli. 18^3 
Hon Anson Jones 

Secretary ofStaie 
Sm 

In your despatch of the 22nd. of May last,* I was requested to 
procure for the use of your Department the diflFerent forms used in 
the patent office of the United States, and also the laws in relation 
to patents; and to forward them by the first safe opportunity to 
the care of Wm. Bryan, Texas Consul, New Orleans. Since the 
receipt of that despatch no opportunity has offered itself, by which 
I could -send the papers desired. So soon as I can do so, I will send 
you, not only those of the patent office, but also of the Post Office, 
and the census documents, which I have heretofore procured for 
the use of your Department. Should I not be able to send them by 
private conveyance in the course of six weeks, I will box and ship 
them to New Orleans, via. Baltimore. 

In your despatch of the 1st. of June, I was instructed to commu- 
nicate to the Grovemment of the United States, information of the 
outrage lately committed upon Col James Bourland, Collector of 
Red River, by certain citizens and officers of the United States, and 
to ask that the Government of the United States should take the 
necessary steps to afford such redress, as the circumstances of the 
case require. Enclosed I send you a copy of a communication which 
I made to Mr. Upshur Secretary of State upon the subject. So soon 
as an answer shall be received I will immediately transmit the same 
to your Department. 

The letter of the War Department to Col Warfield, was duly mailed 
to him at St Louis, with a request that should Col Warfield not be in 
the city, to forward the same to such* point as he would most probably 
receive it. It is impossible ito know here, where Col Warfield is at 
this time, but I supposed the letter most likely to reach him at the 
point alluded to. 

a August 4, 1843. See Van Zandt to Jones, August 10, 1843. 

h August 8, 1843. See Van Zandt to Jones, August 10, 1843. 

«L.8. 

d Erroneously indorsed "No. 103." See Van Zandt to Jones, June 5, 1843, note. 

• This dispatch has not been found. 



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198 AMEBIGAN HISTORICAL ASSOCIATIOK. 

Enclosed is a copy of my letter to Mr. Upshur of the 4th. inst in 
relation to the movements of Col. Warfield upon the border. 

In your dispatch of the 15th. of June last, I am instructed to defer 
for the present commimicating to the Grovemment of the United 
States the "declaration" contained in your prior dispatch of the 
10th. of the same month, but you suggest that I may suflFer the 
Secretary of State to peruse the whole of this last mentioned dispatch, 
as it indicates the course, which the Government may yet have to 
pursue. Believing the suggestion a good one, I have done so, and 
am gratified to find that the views of the Secretary coincide so well 
with my own, that in the event the present proposed negotiation 
for peace should fail, it will be the only proper course left for Texas 
to pursue. 

I feel the highest satisfaction at the course adopted by the Presi- 
dent, in agreeing with the armistice with Mexico as proposed by 
Santa Anna, not that I entertain any very sanguine hope that it will 
end in a lasting and permanent peace (for I fear, that Mexico is not 
at present disposed to acknowledge the independence of Texas, or 
if so at all, that the proposition will be coupled with other terms 
made as sine qua non conditions, which I am satisfied will not be 
acceded to by the President, and people of Texas,) but the measure 
will be productive of other salutary eflFects. While the armistice 
lasts it will remove every shadow of excuse, which may have been 
urged in justification of those evil disposed persons, who have con- 
stantly sought to agitate the people thereby creating confusion, and 
insubordination at home, and disgracing us as a nation abroad. It 
will afford a test of the efficacy of mediation by powers mutually 
friendly, and determine the pomt whether negotiation can or arms 
must decide the contest, in short, the result of the negotiations will 
settle for Texas the question of peace and of war. 

Since my return to the seat of Government, I have had several 
lengthy interviews with Mr. Upshur, the present Secretary of State, 
all of which have been of the most satisfactory character. In these 
interviews the present policy of the Administration, here, in relation 
to Texas has been fully indicated. 

Knowing the very great interest, which Mr. Upshur has always 
manifested in behalf of Texas, and believing the present a most 
auspicious moment for the United States, to again press their 
friendly offices of mediation and interposition, for the settlement 
of our difficulties, with Mexico, I deemed it proper to bring this 
subject again before the Secretary of State, urging the propriety of 
renewed and prompt action, upon the part of this Gt)vemment. I 
have now the honor to be able to communicate to you the result 
of this application^ which I hope will prove highly satisfactory to 
yourself as well as to His Excellency, the President. 



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CORRESPONDENCE WITH THE UNITED STATES. 199 

Mr. Thompson the United States Minister in Mexico has been 
instructed, in the name of his Crovemment to protest, and remon- 
strate, in the most solemn maimer, against the late order of Santa 
Anna, which directed all foreigners taken in arms to be immediately 
put to death. Mr. Thompson is directed to say to the Mexican Gov- 
ernment that the United States view the said order as inhuman, and 
barbarous, and in violation of the rules of civilized warfare; and that 
it is impossible that they can look upon its execution witJi indiflFer- 
ence. A retrospective view is taken of the war with Texas, and the 
maimer in which the same has been waged for the last seven years; 
and Mr. Thompson is directed to say, that the United States have 
viewed with pain the predatory incursions which have been carried 
on, and that the contest, having lost the high character of war, as 
waged by civilized nations, deserves to be classed as a war of plunder, 
of pillage and robbery, and further that the United States deprecate 
a contest of such a character, and particularly the sanguinary and 
inhuman treatment, which has been extended to prisoners of war. 
The United States acknowledge the right of Mexico to resubjugate 
Texas if she have the ability, but they question her right, longer to 
keep the subject open, and they express the decided opinion that the 
war ought to be at once brought to a termination, either by negotia- 
tion or by arms, and that Mexico should either show herself a great 
nation, by her ability to resubjugate Texas, or a magnanimous one, 
by acknowledging her inability to do it — that by keeping the question 
imdecided she not only evinces her inability to resubjugate Texas, but 
a want of magnanimity by refusing to acknowledge her independence. 
It is also urged, that there is a public opinion among nations as well 
as individuals, and that no nation has the right to set herself above 
that opinion, nor can she do so mthout forfeiting the confidence, and 
incurring the censure of other nations. This is the general tone of the 
instructions, and Mr. Thompson is directed to urge these considera- 
tions in the strongest maimer possible, consistent with the relations 
of the two coimtries. A general view is also given of the situation, 
which Texas occupies towards the United States, and of the interest 
which the United States have in the success, and prosperity of Texas, 
and the maintenance of her institutions. 

These instructions I think evince the determination of the admin- 
istration to use every means in their power to terminate the contest 
between Texas and Mexico; the right to employ force, or in other 
words to declare way belongs alone to Congress. Had this decided 
tone been all along used by the United States, the effect would have 
been a good one. Coining as it now does while negotiations are pend- 
ing, I trust should Santa Anna be halting between two opinions it 
may incline him to peace. 



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200 AMEBICAN HISTORICAL ASSOCIATION. 

Yours of the 6th. ultimo in relation to Uie subject of annexation has 
been received, but I have not thought it proper to mention to the 
Secretary of State, at the pres^it, that my instructions, in relation to 
that subject, had been suspended. I Hiought it possible, that it might 
interfere with my efforts in pressing the subject of interposition. I 
shall however in a few days make known to him verbally the fact 
according to your instructions. 

♦ ♦♦♦♦♦ Ilea 

I shall send to Mr. Cooper, gun maker New York, your answer rela- 
tive to his claim against Genl. Hunt. 

Nothing has been received by this Government from Genl. Thomp- 
son upon the subject of the armistice proposed by Santa Anna. 

Since the foregoing part of this dispatch was written I have reed, 
the National Intelligencer of today, which contains some particulars 
in relation to the disarming of Col. Snively, and his command upon 
the borders of Texas and the United States, by a force under Captain 
Cook, an officer of the United States army. As the official report of 
Col. Snively will likely require some action of your Department in 
relation to this matter, I herewith send you a slip from the paper 
alluded to, which will furnish all the information I have yet obtained 
upon the subject.* The subject has doubtless been communicated to 
the War Department of the United States, but as both the President 
and Secretary of War are now absent, I am unable to obtain any 
information from that Department concerning the same. 

I deem it unnecessary to offer any comment upon this outrageous 
proceeding, as I have no doubt our Gt)vemment will have had the 
same under consideration before this reaches your Department. I 
have the honor to be Very Respety, 

Yr. Obt Servt Isaac Van Zandt 

P S. I shall send you a private communication by to nights mail. 
Yours etc. 

Van Zandt 

[Next follow copies of Van Zandt to Upshur, August 4, 1843; Van 
Zandt to Upshur, August 8, 1843.*^] 



Upshub to Van Zandt.* 



Van Zandt to Jones.* 



a A paragnph relating to Van Zandt's salary omitted. 
b The clipping is not new with the letter. 

e For both and for the indosure In the first, Hockley to Warfield, August 16, 1842, see Calendar of Ccire- 
spondenoe with the United States, in Part I. 
d August 10, 1843. See Van Zandt to Jones, August 15, 1843. 
« August 12, 1843. See Calendar of Correspondence with the United States in Part I. 



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coerespondence with the united states. 201 

Van Zandt to Jones.® 

Legation op Texas 
Washington [City], August 15{k. 1843 
Hon Anson Jones 

Secretary of State 
Sm 

I have the honor herewith to transmit to you a copy of a letter, 
and of the documents which accompanied it, just received by me 
from the Hon A. P. Upshur, Secretary of State of the United States, 
in reply to my communication to him of the 8th. instant, upon the 
subject of the oytrage lately committed upon Col Bourland, the 
Collector of Red River, by certain citizens of the United States. Mr. 
Upshur informed me today in a personal interview, that he was using 
every exertion to obtain full information in regard to the case, and 
said he hoped soon to be able to communicate to me further in rela- 
tion to it. 

In a personal interview to day with Mr. Porter Secretary of War, 
that gentleman did me the kindness to suffer me to peruse the prin- 
cipal portion of the report, of the renowned Capt. Cook, who lately 
captured one hundred of our citizens under Colonel Snively. I enter- 
tain but little doubt that this affair occurred within the limits of 
iTexas, and cannot be considered in any other light, than as an 
enormous outrage. I deem it unnecessary to send you a synopsis 
of Capt. Cook's report, wh^ch fills several sheets of fools cap, and is 
evidently designed to be magnificently eloquent, and a full com- 
mentary upon international law, and the right of War. The affair 
having already terminated, I think it lumecessary to take any steps 
in relation to it here, until I receive the instructions of your Depart- 
ment. 

Gt)v Butler, late, United States Commissioner to Texas is here, and 
from him I have learned some facts relative to the contemplated 
Indian Coimcil, which I deem of importance, and accordingly sub- 
mit them for your information. He says, *'In a communication 
received by me from three Delaware Chiefs, Captains '* Roasting 
Ear," *'St Louis!' and ''Red TaU" dated about the first of July they 
say in substance, that they are just from the Commanche towns, 
where a Council was had on the subject of a treaty with Texas, 
which it would appear they had been invited to attend at some point 
on the Trinity River. Thej decline meeting there but express a 
willingness and desire to meet on the waters of Red River on the 
south side, and invite the countenance and cooperation of their 
Great Father, the President of the United States, some time in the 
early part of next winter, further that they had been advised by 

a[De«patchNo.l05.] 



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202 AMERICAN HISTOBIGAL ASSOCIATION. 

their Chickasaw, and Cherokee brothers not to make a treaty with Texas 
wifhovi they said so "* 

If this information be correct, which I do not doubt, then there is 
no probability that the Commanches will come in at the contem- 
plated period. Gov Butler says, further, that he is satisfied they 
will not come to Birds Fort, until they are first met higher up. 
Under these circumstances I fear some difficulty may arise, unless 
we can at once secure the full cooperation of the United States, and 
agree upon a concerted action. I think it also important as their 
influence is paramount with the Indians, that the United States 
should take the lead if possible in inviting them to the meeting. 

I have had a long conversation with Mr. Porter, the Secretary of 
War upon this subject, and have urged upon him the propriety of 
extending the instructions of the United States Commissioner, so as 
to make his Government a full party to the contemplated treaty, or 
that perhaps it might be better, as Gov Butler had the confidence of 
the Department, to revoke the former instructions and make the 
whole discretionary with him. The Secretary of War I think, will 
agree to the proposition; if he does, the question then arises, as to the 
place, the time etc. On this point I am not instructed. Gov Butler 
being here and on his way to South Carolina to remain for some time, 
would it not be better to arrange the whole now and let the necessary 
order issue? I think so, and entertaining this view I shall assume 
the responsibility, so far as the agreement of time, and place are con- 
cerned, satisfied that it will not interfere with any previous arrange- 
ment of the Presidents, can be productive of no harm, and may 
result with great advantage to Texas. Every treaty made with the 
Indians is so much gained, but my own opinion is, that a treaty made 
with the Commanches, in which the United States becomes the guar- 
antee, is worth a hundred treaties without it. I shall address a for- 
mal communication to the Secretary of State upon this subject on 
tomorrow, a copy of which, with his reply thereto I shall transmit to 
you as early as practicable. 

If I can obtain the sanction of this Government to send out some 
persons to invite the Indians in, it will likely be more effectual, and 
save us at the same time much expence. This I will endeavour to 
effect. 

I have the honor to be. Very Respct. Yr Obt. Servt. 

IsAAo Van Zandt. 

[Here follows a copy of Upshur to Van Zandt, August 10, 1843.*'] 

a For the begliming of this quotation, see "In a communication", etc., above. 

b See Calendar of Correspondenoe with the United States in Part 1, under date of August 11, which is that 
of the letter as printed. 



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COBRESPONDENCB WITH THE UNITED STATES. 203 

(Secretary of War to Secretary of State.) 
[Washington City, May 11, 1848. a) 

Sm: I respectfully transmit herewith copies of two letters just 
received from the Acting Superintendent of Indian Affairs on the 
southwestern frontier, which induce a belief that there has been an 
interference of citizens of Texas with the private property and rights 
of citizens of the United States. 

The matter seems to have been referred to the Representative of 
this Government in Texas, and may become a subject of correspond- 
ence with the Department of State. 
Very Respectfully 

Your Most Obedient Servt 

(signed) J. M. Pobter 

Hon H. S. Leqabe 

Seciy of State 

(Mr. Armstrong to Mr. Crawford.) 

Choctaw Agency April lOih. I84S. 
Sib 

I have just been informed that the Steam Boat, Fort Towson loaded 
with goods for the different Merchants at Doakeville in the Choctaw 
nation, three of whom Col David Folsom Joel H Nail and Robert M 
Jones are Choctaws, have had their goods seized. The circumstances 
as I am informed are these. The Boat was unable to get up for want 
of water, and stored the goods on the Texas side, and returned to the 
raft. The goods were seized, and now are awaiting a trial. I under- 
stand that the case has been represented to our Chargfi d 'Affaires in 
Texas, and also that a memorial has gone to the President of the 
United States. This will produce excitement. It is a well known 
fact that no fraud was intended or that the owners of the goods had 
any control over them. It has been customary for boats to store 
their goods in this way. There are one or two boats above the raft 
employed as packets in carrying freight. I thought it my duty to 
communicate this affair to you and will give such further information 
as may be received. 

Very respectfully etc. (signed) Wm. Abmstbong 

Actg Supt Ind. 

T. H. Cbawpord Esq 

Commissr. Ind Affr. Washington. 



(Same to Same, ft) 

Sib: I learn that the Crews of the Steam Boats Fort Towson and 
Southwestern, met at Bryarly 's landing. Red River, Texas the point 

a Ab to this date, see Upshur to Van Zandt, August 10, 1843. & Date not copied. 



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204 AMERICAN HISTORICAL ASSOCIATION. 

at which goods for diflFerent individuals in the Choctaw Nation were 
stored, and tied the Collector and guard, and put the goods on board. 
There was also a considerable lot of Grovemment freight stored which 
was also released. The Boat lies on the side of the Red River, unable 
to get up for want of water. The Commanding oflBcer at Towson has 
sent a guard as I learn to protect the public property. The citizens 
of Texas I understand favored the party who retook the goods. I 
Give you the news as I hear it, which will doubtless be a complaint to 
the Government. 

Very Respectfully &c 

(signed) Wm Armstrong 

Actg Supt. W. T. 
T. H. Crawford Esq 

Commissr, of Ind Affs 

Washington 



Van Zandt to Upshur." 



Derrick to Van Zandt.* 



Commissioner of Indian Affairs [Crawford] to Secretary of 

War [Porter].* 



Jones to Van Zandt.^* 

[Transmits correspondence with the British Charg6 at Washington, 
Texas, concerning the armistice * ' recently estabUshed ' * between Texas 
and Mexico;* acknowledges receipt of Van Zandt's communication 
of June 29.] 

Raymond to Jones./ 

Legation of Texas 
Washington City Augst. 20th. 1843 
Hon Anson Jones 

Sedy of State 
Sir 

Mr. Abell bearer of dispatches from the United States has had 
the kindness to take under his charge 'the blank forms etc of the 

a August 16, 1843. See Van Zandt to Jones, August 31, 1843. 

ft August 18, 1843. See Calendar of Correspondenoe with the United States in Part I. 

c August 18, 1843. See Van Zandt to Jones, September 18, 1843 ( Dispatch 106). 

d August 20, 1843. See Records of Department of State (Texas), Book 44, p. 168. 

< See note [b, p. 611, Brit. Cor.]. 

/A. L. S. 



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CORRESPONDENCE WITH THE UNITED STATES. 205 

Genl. Post Office Department, and has promised to deliver the same 
into your hands upon his arrival in Texas. Mr. Ellsworth of the 
Patent Office has kindly proflFered his frankj and I will send the 
blank forms of that office and the laws on the subject of patents by 
mail to you. Mr. Van Zandt is at Alexandria to day and will not 
see Mr. Abell. 

Grov Butler and General Armstrong are in the City and took 
dinner yesterday with Mr. Van Zandt, so did Mr. Crawford Comr. 
of Indian Affairs. Gov B seems heartily desirous of aiding all in 
his power to bring about a peace between Texas and aU the Indian 
tribes, and I think he will be fully empowered to make the U. S a 
party to a treaty and a guarantor for the* faithful performance of 
its stipulations etc. 

Mr. Upshur is a staunch and ardent friend of Texas. I have 
learned from good authority that Mr. Henshaw is in favour of annexa- 
tion. 

Mr. Van Zandt has made three communications to your depart- 
ment the present month. The mail from Galveston arrived last 
evening and brought nothing for us but newspapers. 

Will you please present my kindest regards to the President and 
his lady and accept for yourself the great respect and esteem of 
Your Obt. Servt 

Chas. H. Raymond 

(In haste) 



Parker to Upshur." 



Van Zandt to Jones. * 

Dispatch 106 

Legation of Texian 
Washington City August 31st, 18^3 
Hon Anson Jones 

Secretary of State 
Sib 

Mr. Barnard has just arrived here, and will leave immediately 
for Texas. Through his kindness I am enabled to transmit to you 
the census documents alluded to in a former dispatch. They con- 
tain much valuable statistical information upon the subject of the 
commerce of this country, and will be of much service as a work of 
reference for your Department upon that subject. Mr. Raymond 
sent you the Post OflBce forms and blanks by Mr. Abell, bearer of 

a Aagost 22, 1843. See Van Zandt to Jones, September 18, 1843 (Despatch 106). h L. S. 



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206 AMERICAN HISTORICAL ASSOCIATION. 

dispatches from this (Jovemment. Mr. EDsworth of the Patent 
Office has enclosed you by mail all the papers in relation to patents — 
all of which I hope in due time will arrive safe. 

I received a few days ago a letter from Dr. Smith, dated at Paris 
on the 1st. Inst. He enclosed me a copy of a dispatch which he 
had sent to your Department. As the facts mentioned are of 
importance and fearing some delay may have attended it, I have 
sent you a copy, so that if the original letter has not reached you, 
you may have the information which it contains.** 

The President, and all the Cabinet except Mr. Henshaw, are now 
absent and will not return for two or three weeks. Previous to the 
departure of the Secretary of War, I agreed with him in regard to 
the preliminaries of an Indian Council. I send you a copy of my 
letter to the Secretary of State upon this subject, a formal answer 
to which has not been received, and perhaps may not be until the 
Secretary returns. I have however the honor to inform you, that 
the necessary orders have issued from the War Department to Grov 
Butler, who has appointed the Commissioners, and directed them 
to start forthwith to invite the Indians in. A deputation of three 
persons is to go and they are to carry with them tobacco, and other 
presents to induce them to come in — they are to meet on the Texas 
side of Red River, and in the neighborhood of the mouth of Cache 
Creek,* which is a short distance above Coffee's station. The full 
moon in November is the time agreed upon. I would have prefered 
it earUer, but Gov Butler was of opinion that it was best to give 
full time, so as to prevent all difficulties. I hope the steps which I 
have thus taken may meet your approbation, and that in due time 
His Excellency the President will send Commissioners to attend the 
Council. It will be necessary to have a Uttle beef and perhaps a 
few bushels of com for the Indians. The United States will also 
send in some provissions, and presents to be given them at the 
Council. 

The final instructions which are to govern the Commissioners of 
the United States have not been given. I do not know to what 
extent they may go. I should have no difficulty if it were not for 
the cold notions of Mr. Crawford the Head of the Indian Bureau. 
I will do the best I can, satisfied that even a full, and friendly joint 
talk will be of much service. 

Since my dispatch of June, last, was written I have been enabled 
to obtain some important evidence in relation to the negroes of Dr 
Robinson,*' and I am now satisfied that I shall obtain an order for 

a The letter of Smith to Jones copied Is of date July 31 ,1S43 , and it refers to the work in London of the Abo- 
litionist 8. P. Andrews. See Correspondence with Great Britain. 
b See Gregg, Commerce of the Prairies, Vol. I, map. 
« Robertson. 



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COBEESPONDENCB WITH THE UNITED STATES. 207 

them, so soon as the Secretary of State returns to his post. I think 
therefore that you would do well to inform Dr Robinson, that it will 
not likely be necessary for him to take any further steps in relation to 
procuring testimony, until I ascertain what further can be done here. 
I have the honor to be with great 

respect — ^Your friend and Obdt. Servt 

Isaac Van Zandt 

[Next comes a copy of Van Zandt to Upshur, August 16, 1843.]** 



Peoclamation op Houston Oedebino Release of Mexicans.* 



Jones to Elliot.* 



Upshub to Van Zandt. *^ 



Van Zandt to Upshur.*' 



Van 21andt to Upshub.* 



Elliot to Jones./ 



Van Zandt to Jones.^ 

Dispatch No. 107 

Legation op Texas 
Washington D. O. Sept 18tJi. 1843 
Hon Anson Jones 

Secretary of State 
Sib 

It has been made known to your Department, in a former dispatch, 
that in compliance with your instructions of the 6th. of July last, I 
had communicated, verbally, to the President, and Secretary of State 

a See Catendar of Correspondence with the United States in Part I. 

b September 4, 1813. See Jones to Van Zandt, September 29, 1843. 

e September 7, 1843. See Van Zandt to Jones, September 18, 1843 (Despatch 108). 

d September 14, 1843 (acknowledging receipt of Upshur's note of September 7). See Van Zandt to 
Jones, September 18, 1843 (Despatch 106). 

e September 14, 1843 (concerning Dr. Robertson's negroes.) See Van Zandt to Jones, September 18, 1843 
(Despatch 108). 

/ September 15, 1843. See Jones to Van Zandt, September 29, 1843. 

PL.S. 



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208 AMERICAN HISTORICAL ASSOCIATION. 

of the United States, the fact, that my former instructions upon the 
subject of annexation, had been suspended, and that the Grovemment 
of Texas reserved the question for future consideration. Since I did 
this, I have not thought it proper for me to urge it again upon this 
Government. Nevertheless, in every interview, which I have had 
with the Secretary of State, Mr. Upshur, he has invariably mentioned 
the question, and dwelt upon its merits at some length; in fact, the 
announcement to him, that my instructions were suspended, seems to 
have fired him anew in regard to it. He has frequently inquired 
whether there had been a change in the views of the Texian Adminis- 
tration upon this subject; to this, I have always replied, in substance, 
that since my instructions were suspended, I had not been advised 
of the views of our Grovernment, and could only give him my unau- 
thorized opinion as an individual, which was this, that if the propo- 
sition was made to Texas, and with a strong probability the measure 
would succeed before the Senate of the United States, I thought it 
would be acceded to, but could not speak with certainty or authority. 
I further said to him, I did not deem it improper for me to communi- 
cate to him, (as he had interrogated me on the point) that portion of 
your dispatch of the 6th. July last in which you say "It is believed 
that the settlement of our difficulties with Mexico and the acknowl- 
edgment of our independence by that power will very much simplify 
the question of the annexation of Texas to the United States, and if, 
after this event, Texas should continue to desire this annexation, a 
treaty for the purpose would be more likely to succeed, and to meet 
with favour from the people of the United States, than if, as now 
that question were embarrassed with a question, and involved the 
contingency of a war between that Government and Mexico." In 
our several conversations alluded to, Mr, Upshur frequently remarked 
with much earnestness of manner, that he hoped Texas would not 
change her former poUcy on this subject; that it was the great meas- 
ure of the administration here, and that he was actively engaged 
under the instructions of the President, in preparing the minds of the 
people for. it, and in learning the views of Senators on the subject; 
and so soon as they conceived it safe, they would renew the proposi- 
tion on their part. 

I now proceed to submit for your information and consideration, 
the substance of a conversation had with the Secretary of State, to 
day, in relation to this matter. I called at the State Department 
this morning about the two negroes taken by the Indians from 
Dr. Joseph W. Robertson, of which you are further informed in 
another dispatch that accompanies this of the same date. On meet- 
ing Mr. Upshur he remarked, he was exceedingly glad I had called 
on him, that he was just in the act of addressing me a note requesting 
an interview. Without waiting to be informed of the object of my 



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COERESPONDBNCB WITH THE UNITED STATES. 209 

visit, he proceeded in substance to say, that his object in wishing to 
see me, was to make known farther his views, and the wishes of the 
Executive on the subject of the anneication of Texas to the United 
States, that they now contemplated an early action thereon and that 
he was desirous I should immediately communicate this fact to your 
Department, in order that should the President of Texas still desire to 
conclude such a treaty, the Representative of Texas here, might be 
immediately clothed with the necessary powers to act upon the 
proposition, should it be submitted by the President of the United 
States, which proposition he now confidently believed would be 
made before the meeting of the next Congress — that from all the 
facts now before him he believed such a treaty might be safely sub- 
mitted to the next Senate, and entertaining this opinion he was 
desirous to act on it as early as practicable. He then stated at 
some length the grounds of his belief of a favorable action by the 
Senate of the United States, which were drawn from the views of 
various correspondents, and the manifestations of public sentiment, 
in different quarters of the country. I asked Mr. Upshur if soma of 
Mr. Tyler's cabinet were not still opposed to the measure, he replied, 
that one or two of the gentlemen perhaps might be, but the controlling 
iofluence was now decidedly in favour of action upon it. I then 
remarked to him, that though it might be possible our Grovemment 
might still desire to make the treaty, yet, I doubted xmder aU the 
circumstances whether the necessary powers would be given, unless 
the proposition was positively made, he replied that he could not 
make it at tins time nor would he likely be able to do so in time for 
me to communicate the fact to your department and obtain an 
answer before the meeting of Congress, but that he would repeat 
again what he had said before, that ^'he confidently believed he would 
be able to make the proposition before the meeting of Congress, and 
he hoped, if he did so, liat the Representative of Texas here wo\dd 
be sufficiently authorized to act at once." I then told him I wo\dd 
immediately communicate to my Government what he had said to me 
about the matter, and his wi^es in relation to the same; and so 
soon as an answer was received I would inform him of it. He asked 
what would be the probable length of time before an answer could be 
had. I repUed, I liiought between 30 and 40 days, if not longer, he 
then asked me if I did not deem the communication of sufficient 
importance to dispatch a special messenger with it, I replied, that 
I should not think it necessary unless the proposition was actually 
made. This he said he could not make, nor did he think it would 
be proper to do so, imless I had the necessary powers to negotiate; 
that if the Texian Government was yet in favour of the measure, no 
harm he thought could result from the conferring of provissional 
powers, to act in case the negotiation was proposed on their part, 

39728**— VOL 2, ft 1—11 14 



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210 AMEBIOAN HISTORICAL ASSOCIATION. 

I have thus given you the substance of our very lengthy conver- 
sation, in order that you may act upon it as advisedly as possible. 
It will need but few comments, as it explains itself fully. That the 
Secretary is serious in what he says, I have not a doubt, but whether 
he will carry out the measures indicated or not, is impossible to tell. 
My own opinion is that from the situation of poUtical affairs here, it 
is hard to know what, or whether any move will be made on any par- 
ticular question, until you have seen the step taken. That the Ad- 
ministration contemplate making the proposal of annexation I 
believe true. That they will do it is at best uncertain. If the treaty 
were concluded, and submitted to the Senate, no doubt the debate 
would be fierce and exciting, but I think it would be advantageous 
to the treaty, and in the end secure its adoption. 

For the great welfare, and prosperity of Texas, I beUeve nothing 
could contribute so much as her annexation to the United States, 
and, believing like views were entertained by our Government and 
people, up to the time of the receipt of your letter suspending my 
former instructions, I left untried no means, which I thought calcu- 
lated to advance or promote this object. 

Whether such be the views of the Executive at this time I am of 
course imadvised; facts and circumstances, known to him, may 
have changed his former opinions, and altered his policy in relation 
to this question. I have however given the facts as I understand 
them — ^it is not for me to determine what course should be taken by 
the Government. Whether the provissional powers shall be con- 
fered or not, is a matter which can alone be decided correctly, by 
the Executive with the aid of his advisers at home, who are presumed 
to know the whole situation of the country, its wishes and poHcy. 
Be the determination what it may, I hope no time will be lost in 
making the same known to me. And here suffer me to remark 
before closing this communication, that should the two Govern- 
ments determine to attempt the proposed measure, I am sensible the 
responsibiUty of the Agent of Texas must necessarily be great, and 
his actions require mtich judgment and deliberation. Should it 
therefore be the wish of the Executive to confer those powers upon 
any individual, other than myself, or upon any one in connexion 
with myself, I will cheerfully acquiese; iif confered upon me alone, 
conscious of their high importance I shall endeavour (if an action 
be had at all) to discharge the duty in strict compUance with the 
instructions which may be given by your department. 
With the highest sentiments 

of regard I have the honor to be 
Your most Obdt Servt 

Isaac Van 2iANDT 



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coebespondence with the united states. 211 

Van Zandt to Jones * 

Pispatch No. 106.) 

Legation of Texas 
^ Washington D, C. Sept. 18ih. I84S 
Hon Anson Jones 

Secretary of State 
Sib 

I have the honor, herewith, to enclose you a copy of a letter, 
received from the Secretary of State of the United States, dated the 
7th. Inst, together with a copy of a letter from the Chief Clerk of the 
War Department, and an extract of a communication from the Com- 
missioner of Indian Affairs, which accompanied the letter of the Sec- 
retary of State; and also a copy of my letter, of the 14th. Inst, 
acknowledging the receipt of the communication above referred to. 
These several communications, with the facts already in your posses- 
sion, will give you information of all the proceedings which have been 
had here in relation to the contemplated Indian Council. All of 
which I hope will meet the concurrence of your Department, and 
that the necessary steps will be taken to secure a corresponding action 
on the part of our Government. 

I send you also a copy of my letter, to the Secretary of State, of 
the United States, of the 14th. Inst, calling his attention to the sub- 
ject of the capture of the two negroes of Dr. Robertson, which had 
heretofore been a matter of correspondence between the two Gov- 
ernments. After my letter was written, and before it had been sent, 
I received a communication from Mr. Upshur of the same date, upon 
the same subject, which assumed entire different, and adverse grounds 
to those assumed by me. Believing the letter must have been 
written without reflection, I determined to send mine, and pay no 
attention to that of the Secretary, until I could see him personally, 
which I did on today. After adverting to the case, and discussing 
it, Mr. Upshur requested me to return his letter, in order that he 
might reconsider the matter, promising me at the same time an early 
answer. I cannot beUeve, but that the negroes will be surrendered. 
With the testimony which I have produced to the Department, I do 
not know how they can avoid it. I shall give the subject every 
attention and advise you as early as possible of the result. In inves- 
tigating this matter, I have discovered important information in 
regard to an illicit trade carried on with the wild Indians of Texas, 
by traders from the United States, of which I made complaint, under 
your instructions last winter, and which was denied by Mr. Spencer 
the then Secretary of War. So soon as I can embody all the facts I 

aL.S. 



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212 AMEBIC AK HISTORICAL ASSOCIATIOK. 

shall lay the same before this (Jpyemment, and request an action 
thereon. 

I have received nothing from your department for more than two 
months past. 

With great regard 

Your friend and Obdt. Servt 

Isaac Van Zandt 

[Inclosed are the following:* Upshur to Van Zandt, September 7, 
1843; Parker to Upshur, August 22, 1843; Crawford to Porter, August 
18, 1843; Van Zandt to Upshur, September 14, 1843 (acknowledging 
receipt of Upshur's note of September 7); Van Zandt to Upshur, 
September 14, 1843 (concerning Dr. Robertson's negroes).] 



Upshur to Mukpht.* 



Upshur to Murphy.* 



Murphy to Upshur.*' 



Murphy to Upshur.^ 



Jones to Van Zandt. 

Department op State 
Washington [Texas] Septr. S9th 184S 
To the Hon. 

IsAAO Van Zandt 

ChargS d' Affaires of the Republic of Texas etc etc. 
Sir, 

I have the honor to acknowledge the receipt of your two des- 
patches under date of the 10th and 15th Ulto. and of your private 
letter of the 12th. and Mr. Raymond's of the 20th of the same month — 
all of which are satisfactory to the Department. 

My last communication to you was of the 20th. of Augt. and was 
necessarily very brief on account of the severe illness of myself and 
the clerks in the office. 

a See Calendar of Correspondence with the United States in Part I. 
h September 22, 1843. See Calendar of Correspondence with the United States in Part I. 
e September 23, 1843. See Calendar of Correspondence with the United States in Part I. 
* September 24, 1843. See Calendar of Correspondence with the United States In Part L 



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COBRBSPONDENCE WITH THE UNITED STATES. 218 

The Post OflSce Blanks were duly received by the hands of Mr. 
Abell^ bearer of despatches to Gen Murphy. You will please return 
the acknowledgment of my thanks to the Post Master Gren. of the 
U. S. Mr. WickUffe and, also to the Commissioner of the Patent 
OflBce Mr. Ellsworth for their kindness in furnishing this Department 
with the Blank forms of their respective oflSces. 

♦ ♦♦♦♦♦ 3|ca 

Cols. Sam W. Williams and Geo. W. Hockley have been appointed, 
Commissioners on the part of this Govt, to arrange the terms of the 
Armistice between Texas and Mexico, with Commissioners to be 
named by Gen. Adrian Woll, Commander in Chief of the Army of 
the North, and left this on the 26th Inst, for Matamoros. As you 
will see by the enclosed Proclamation of the President the Mier and 
other prisoners are to be at once released by Gen. Santa Anna. 
Enclosed herewith I have the honor to transmit you copies of some 
recent correspondence with Capt. Elliot on this subject for your 
information. 

You will embrace an early opportimity and respectfully but 
urgently press upon the government of the United States a prompt 
reparation for the outrage committed upon Mr. James Bouriand 
Collector of the District of Red River and the pubhc revenue as 
conmiunicated to you in a former despatch. The disposition which 
has recently been evinced by officers of that Government in command 
on the frontier adjoining ours must be very promptly checked, or it 
will inevitably lead to a breach of the good understanding now 
existing, between the two countries and which it has ever been the 
earnest desire and effort of this government to maintain and per- 
petuate. The amount of property illegally taken from the collector 
in the instance complained of was as is supposed about Seventy 
thousand dollars, for which sum you will make a formal reclamation 
on the Govt of the U. S. as well as for proper satisfaction for the 
insult given to this Government in the person of its officer, and for the 
grievous personal injury sustained by him, from the armed force, 
which under the coimtenance and protection of the commander of Fort 
Towson so recklessly invaded our territory The principles of inter- 
national law which govern this case are so plain in their character 
that it makes it quite unnecessary I should specify the arguments 
which it will be proper for you to use in support of this just demand. 
The collector, siezed the property in conformity with our laws, and 
the owners by resorting to force, without waiting for the clemency 
of the government to interpose in their behalf, forfeited all claim 
upon that clemency. 

The course adopted by the United States in interposing her good 
offices to effect a termination of the war between this country and 



a The omiwlon here Indicated Is of a paragraph relating to Van Zandt's salary. 



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214 AMEBICAN HISTORICAL ASSOCIATION. 

Mexico as indicated in ,your despatch of the 10th Ulto. is highly satis- 
factory to the President. Coming as it does at the moment when 
the two countries are about to commence friendly negotiations, it 
will doubtless have a very favorable influence upon the councils of 
Mexico. 

Commissioners are now at Birds Fort,* in council with the various 
smaller tribes of hostile Indians and it is very probable a treaty of 
peace will be effective with them. As you anticipate, the Com- 
manches declined attending at that place. Col. J. C. Eldridge, who 
with Messrs Torrey and Bee, and the three Delaware Indians, Secondi, 
John Connor and Jim Shaw was sent to these Indians by the Presi- 
dent, fell in with them high upon the Canadian River. Pd-Jia-yw-co 
the principal Chief and many others expressed themselves favorably 
to peace, and agreed to come to the Commanche Peak on the Brazos 
at the time of the full moon in December to hold a council for that 
purpose. In the mean time they promised to send out runners to 
notify the scattered bands of this arrangement and to summon 
them to attend at that time and place. They also promised to 
cease hostilities, on their own part against Texas and to restrain 
the others from committing any as far as in their power to do. Should 
the United States agree to the proposal you may have made, it will 
probably be well to despatch runners immediately to notify the In- 
dians of the fact. In order however to give full time for the recip- 
rocal action of the two government as well as to consult all the 
various Indian tribes the President thinks the full moon in May 
next, will be early enough for the council. As it regards the place, 
he wishes some point on the Brazos fixed on if possible — if not, he 
will consent to the Red River as the point of meeting. There will 
not, it is presumed, be time for the Government of the U. S. to send 
out and ascertain the views and wishes of the Indians and then to 
send, a Commissioner to the Commanche Peak or Clear Fork of the 
Brazos by the full moon in December If so the council to be held 
there might be made introductory to the one proposed to be held in 
May — or perhaps might be dispensed with, and made to correspond 
with the arrangement you may have made with the Government of the 
United States. It is extremely desireable that the U. States should 
become a party and a guarantor to a treaty with the hostile Indians 
within and upon our borders — and if you can effect an arrangement 
for that purpose you w411 do so, and report the same as early as 
practicable. If a Commissioner can attend at the Commanche 
Peak on the Brazos in December, it may possibly answer every 
purpose. You will consult on all these points with the Grovt. at 
Washington, and in view of the facts and suggestions now commu- 
nicatedi agree as may be mutually deemed most proper. It will of 

o On the Trinity, about twenty miles westerly from Dallas. 



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COBRESPONDENCE WITH THE UNITED STATES. 215 

course be always borne in mind that a season of the year should if 
possible be fixed upon, when there is a plenty of grass, in order that 
horses etc. may be subsisted, without com. 

The appointment of Governor Butler as Commissioner on the part 
of the U. States to attend the Indian Council was most acceptable to 
this Govt, and it is hoped that he may be again named in case, the 
United States should agree to send one to the Council now proposed. 
Whoever may be appointed however you will immediately notify 
this Department of the same, as it may be necessary for this Govern- 
ment to communicate with him directly. 

Enclosed herewith I have the honor to transmit you a copy of the 
Official report to the Department of War and Marine, of Col. Jacob 
Snively lately in command of an expedition on our northwestern 
frontier — and also a copy of the instructions under which that officer 
was acting. By this report you will percieve, that a most extraordi- 
nary outrage has been committed, upon this Officer and his Men by 
Capt. Cooke, an officer of the U. States Army who in contempt of all 
laws human and divine recklessly invaded our territory, captured the 
command under Col. Snively disarmed and abused the officers and 
men, and turned them adrift in a wilderness several hundred miles 
from any settlement with only five guns to protect them from the 
hordes of ruthless savages by whom they were surrounded and to 
procure by hunting the necessary means to save them from starva- 
tion and death. 

The President therefore directs that you, make a prompt and 
energetic appeal to the Government of the United States in relation 
to the conduct of this officer, as well as that of Gen. Gaines by whose 
authority and under whose sanction as appears from his published 
letter to Brig. Gen. Taylor* this most unheard of outrage upon 
national rights has been committed. You will ask also for the dis- 
missal of these officers, and for ample compensation to the menimder 
command of Col. Snively, for the injuries sustained by them and for 
the loss of their arms. 

The act of Congress of the year 1836^ defined the limits of the 
Republic of Texas, and according to that act, Santa F6 and all that 
portion of country lying between the Rio Grande and the Territory 
of the United States is included within our declared limits. Within 
these limits Texas has been acknowledged sovereign by the United 
States Great Britain France and the Netherlands. The right to 
regulate trade is one of the attributes of sovereignty, and this country 
properly claims that right. For some time past an illicit and con- 
traband commerce has been carried on through our territory from 

a Dated July 27, 1843. See St. LouU New Era for Angost 4, 1843; Telegraph and Texaa RegitUr for August 
80,1843. 
b Deconber 19. See Oammel, Laiot of Texas, 1, 1193-1194. 



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216 AMEBIOAN HI8T0BI0AL AS80CUTI0N. 

Missouri and Arkansas, with the settlements upon and beyond the 
Rio Grande. Goods to an immense amount have been introduced, 
in violation of our revenue laws, both by hostile Mexicans, and by 
citizens of the United States, a state of things which it has become 
the duty of this govemment to interrupt and prevent. 

The right claimed by Gen. Gaines in his published letter above re- 
fered to, and upon which principle Capt Cooke appears to have acted, 
in disarming Col Snively, to avail himself of the boundary line be- 
tween Texas and the United States being immarked, to occupy all the 
territory between the latter country and the Rio Grande, would appear 
to give this government a right upon the same principle to assert a 
similar claim to the occupancy of all the territory between Texas 
and the Mississippi river — an absurdity which if attempted to be 
carried into practical effect would necessarily lead to war at once 
between the two countries. It is to be hoped that the Government 
of the United States will promptly disavow the acts of these their 
officers, and the principles assumed by them — ^principles which would 
authorize every species of aggression, upon our national rights, and 
ultimately lead to an entire subversion of them. 

You will ther^ore lay this whole subject before the government of 
the United States from whose justice, magnanimity and friendly 
disposition the President confidently reUes for the adoption of a 
course which will afford proper and speedy satisfaction for the 
wrongs now complained of. If on the contrary this satisfaction 
should not be awarded us, no other course will be left the President 
than to recall you, and to submit the matters in dispute to the 
umpirage of Great Britain and France. In your official intercourse 
with the Secretary of State of the U. States, if you find that satis- 
factory redress is not likely to be awarded us you can verbally inform 
him that this course will have ultimately to be adopted. You will 
however use every persuasive means to obtain justice from the govern- 
ment of the United States, and I sincerely hope the result may be 
favorable and that the good understanding heretofore existing 
between the two countries may remain undisturbed. It is certainly 
for the best interests of both that such should be the case. 

Enclosed herewith I also send a request of his Ebccellency the 
President of Texas, on his Excellency the President of the United 
States, that he will cause to be delivered up one Hiram Kenley a 
refugee from justice in this country. It will probably be better that 
you should first make an informal application, in order to ascertain 
whether the President of the United States would accede to such a 
request, or not. If he should consent to the proposition, you can 
then make the application in form. Gen. J. Pinckney Henderson 
and Mr. Bayne will go bn to Kentucky in Octr. or Novr. next, and 
you will please write to Gen. Henderson informing him of the answer 



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CORRESPONDENCE WITH THE UNITED STATES. 217 

of the President of the United States may make to the request to 
deliver up Kenley; and transmit to him also any order to that effect 
which may be granted. He will write you and inform you wh^e 
to address him in Kentucky. You will also notify this Department 
of the issue of any application you may make to the Govt, of the 
U. S. in this matter. 
I have the honor to be with the highest respect 
Your Ob Svt 

Signed Anson Jones 

[The original inclosures, which are not on file with the dispatch, 
were the proclamation of Houston referred to therein, September 4, 
1843,-" Jones to Elliot, September 4, 1843, concerning the Mier 
prisoners, and the reply, September 15, 1843;'' the instructions to 
Snively, February 16, 1843, and the report of Snively, July 9, 1843,* 
both of which are given below; Houston to Tyler, requesting the 
delivery of Hiram Kenley, a fugitive from justice.*'] 



(Copy.d) 

Department of Wab and Mabinb 

Washington [Texas] 16{h Feby 1843. 
To Col. Jacob Snively 

Sm, 

Your communication of 28th Ulto., soUciting permission from the 
Govt, to organize and fit out an expedition for the purpose of inter- 
cepting and capturing the property of Mexican Traders who may pass 
through the territory of the RepubUc, to and from Santa F6 etc. 
has been received, and laid before His Excellency the President, 
and he, after a careful consideration of the subject, directs that such 
authority be granted you, upon the terms and conditions therein 
expressed, — ^That is to say. 

You are therefore, hereby authorized to organize such a force, 
not exceeding three hundred men, as you may deem necessary to 
the achievement of the objects proposed. 

The expedition will be strictly partizan, the Troops composing the 
corps to mount, equip and provision themselves at their own expense, 
and one half of all the spoils taken in honorable warfare, to belong 
to the RepubUc and the Government to be at no expense whatever 
on account of the expedition. 

The force may operate in any portion of the Territory of the 
Republic, above the line of settlements and between the Rio del 

a See Calendar of Correspondence with the United States In Part I. A transcript is in the Beoords of 
Department of State (Texas) Book 38, p. 78. 
b For both, see Correspondence with Great Britain, 
c This document has not been found. 
d See Army Papers, State Library. 



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218 AMEBICAIT HISTORICAL ASSOCIATIOK. 

Norte and the boundary line of the United States, but will be careful 
not to infringe upon the territory of that Govt., as the object of the 
expedition is to retaliate and make reclamation for injuries sustained 
by Texan citizens, the merchandise and other property of aU Mexican 
citizens will be a lawful prize, and such as may be captured will be 
brought into Red River, one half of which will be deposited in the 
Custom House of that District, subject to the orders of the Grovem- 
ment, and the other half will belong to the captors to be equally 
divided between the OflBcers and men. An agent will be appointed 
to assist in the division. 

The result of the campaign will be reported to the Government 
upon the disbandment of the force, as alsd its progress from time 
to time, if practicable. 

By order of the President 

(Signed) M. C. Hamilton 

Ad. Sec. War and Marine 



(Copy.a) 

Camp on Elmn Cbeek, July 9ih I84S. 
To Hon. Geo. W. Hill 

Sec^y of War and Marine^ 

Sir, 

In my report of 29th June,'' I omitted to give you a statement of 
the course and distance I marched from Georgetown, near CoflFee's 
Station, to the Arkansas River. When I took up the line of march 
on the 25th April last, my course was nearly due West, which course 
I continued 150 miles, and which carried me at least 50 miles west of 
100^, West Longitude. Then I crossed the River and marched from 
that point N. 20°, W. (by the Compass) till I fell on the Arkansas, 
marching 275 miles, which brought nje 60 miles East of the crossing 
of the Santa F6 road, and at least 57, west of the point where the 
line between the two Governments would intersect the River. Being 
satisfied that I was correct in my calculations, I felt no hesitation in 
ordering the Battallion to march to the River, on the 29th June for 
the purpose of procuring supplies of Buffaloe meat, there being none 
on Crooked Creek where I was then encamped. The same evening 
we reached the River 45 miles East of the crossing. The next morn- 
ing June 30th, a party of men were dispatched to kill BuflFalo. After 
having been unsuccessful on the Texas side, they crossed the River, 
seeing numerous herds on that side, and while in pursuit of them 
they discovered them to be S Dragoons approaching, and having 

a See Anny Papers, State Library. 

b This earlier report, which Is filed with the Army Papers In the State Library, was addressed to M. C. 
Hamilton, who shortly before had been secretary of war and marine, but who had now been succeeded 
by George W. HIIL The date was In fact June 28. 



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COERESPONDENCE WITH THE UNITED STATES. 219 

been discovered at the same time.^ The party immediately returned 
to the encampment, pursued to the Riveras brink. In a very short 
time the whole command under Capt Cooke appeared in sight. He 
then dispatched LH. Lovell to my encampment, for the purpose of 
ascertaining who we were, and who was the Commanding Officer, 
his questions being answered. He then informed me that the 
Com'dg Officer, Capt Cooke, desired him to say, that if I would visit 
him on the opposite side, I should have a free passport. I accompa- 
nied L't* L. When I arrived Capt C. requested to see my orders. 
After having perused them, he observed 'Hhat it was his opinion, 
that I was encamped on the Territory of the U. States. He then 
retired with his Officers, held a short consultation,, returned and 
stated that his Officers were of the same opinion, and that he had 
come to the conclusion to disarm me. To this I protested, giving 
him an outline of the course which we marched, and also that the 
line was not defined, and that he could not point it out. But noth- 
ing I could say or do had any effect. **He had made his terms, and 
to them I must submit." He threatened me with his Artillery and 
Dragoons, and that if one of my men attempted to escape, he would 
throw his shells into the encampment, and send his Dragoons across 
the River to cut the command to pieces. He had under his Com- 
mand 196 men, and the advantage of two field pieces, and in fact 
his superiority of discipline. Horses and Arms, gave him a decided 
advantage. At length he gave me permission to leave with orders 
to recross the River, allowing me one hour to bring over the Batn., 
and lay down our Arms. I left him for the purpose of submitting 
the terms to the men. I had proceeded but a short distance, when I 
was recalled and informed that Capt C. would accompany me. I 
was under the impression that he alone would cross with me. What 
was my astonishment, when the Bugle sounded the advance! On 
came the Cavalry and Artillery, crossed over, formed line of battle 
in my rear, with colums on each flank, the Artillery in the centre, two 
hundred yards distant, with port fires lit. When he observed *Hhe 
time was growing short, and that I must march out the men, and 
order them to stack their Arms." This was done, when the men 
clamoured to be received as prisoners of War. I requested Capt 
Cooke to receive them as such. He said that **he had made his 
terms, and if they were not satisfied, they should receive worse," 
intimating, that if they were not satisfied, he would fall on them and 
put them to death, unarmed as they were. He then recrossed the 
River leaving ten rifles to 107 men. The next morning, July, the 1st, 
Capt. C. sent over a Detachment, commanded by Capt Moore request- 
ing me to bring over the men, in order that he might protect them 

a The errors in this sentence are probably due to mistakes of the copyist, but the proper corrections 
are onoertain. 



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220 AMERICAN HISTORICAL A8S0CIATI0K. 

against the hostile Indians and Mexicans, who were supposed to be 
in the neighbourhood. I done so, and when I halted, He addressed 
the men, and offered an Escort to all who wished to go to Inde- 
pendence M'o. About 50 men took that rout, to whom he gave 3 
of the 10 Guns he left in our hands. The balance would not accept 
an escort, unless, guarded to Texas. With this request he said he 
could not comply. To this party he allowed five guns, to make their 
way through the hostile bands of Indians. He ordered me at the 
same time to leave the Territory of the U. States as quick as possible. 

The same evening after having surrendered our Arms I sent an 
express to Capt Chandler, who with his company of 74 men were 
found on Elmn Creek, about eight miles distant, and who had a few 
days previous been ordered home. The next morning, July 1st, I 
marched to Elmn Creek and encamped. On the 2nd. I dispatched 
Elish. C. Simmons and Francis Sharp to spy out the Caravan. They 
never returned. I presume they were killed by a party of Comman- 
ches with whom we had a skirmish on the 3d. This day I again 
sent out two men to spy out the Caravan, and was joined by Chandler. 
On the 4th. the Indians again attempted to stampead. They suc- 
ceeded in driving off 60 or 70 horses, and killed Cddwell on Piquet, 
and lanced a man by the name of Duncan. They were hotly pur- 
sued by about thirty men, only eleven succeeded in overtaking 
them, who engaged sixty Indians and killed from 8 to 15 of them. 
The Horses, however, were not recovered. 

On the 8th. the Spies returned, and reported that the Caravan had 
crossed the Arkansas at the usual crossing, and that it was on the 
road towards Santa F6, about 30 or 40 miles from where we were 
then encamped. On the 9th. finding nearly all Capt. Chandler's 
men unwilling to pursue the Caravan I resigned the Command. 

I have the honor to be. Very respectfully. 
Your Ob't Servant 

J Snivelt, Majr Ocm^dg B<U\ 

I certify the foregoing to be a correct copy of the original on the 
files of the Dept.* . 

M. C. Hamilton 
C. C. DepL War. 
Washington, 

SO{h Deer. 1843. 



Wood to Van Zandt.* 



a As oomi>ai1a(m M dates wfU show, UiU oopj was znadt lat«r ttuua that originaUy loolofl^ 
of Jones to Van Zandt 
» September 30, 1843. See Van Zandt to Jones, October 16, 1843. 



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COBBBSPONDBNOT WITH THE UNITED STATES. 221 

Bbowbb TO Van 25andt.* 



Upshub to Van Zandt.* 



Van Zandt to Jones. ^ 
Dispatch No. 109 

Legation op Texas 

Washington City D. C. 

October 16th. 1843 
Honorable 

Anson Jones 

Secretary of State 

Sib, 

On the 18th. ultimo I had the honor to make a communication to 
your Department on the subject of annexation. I have now the 
honor to submit for your information, and consideration a com- 
munication upon the same subject this day received by me, from the 
Hon A. P. Upshur, Secretary of State of the United States. This 
conamunication you will perceive, places that question at once in a 
tangible shape, it comes to the point, and presents the issue; Are we 
ready to negotiate a treaty of annexation, or not t 

This question has engaged the attention of the Government of 
Texas, at different times since 1837 and has been pressed at aU times, 
whenever there was an apparent prospect of success. From this 
I infer that heretofore there has been no policy of the Government 
more settled, than that of annexation to this country. The instruc- 
tions from yoin* Department suspending my former instructions 
upon this subject, I did not construe as an evidence of any radical 
change in the mind of the Government, as to its wishes in regard to 
the question, but that the desire of the Government still was to be 
annexed, whenever practicable. The (Jovemment at present is 
using every effort to obtain a peace with Mexico, not perceiving that 
a treaty of annexation can in any wise miUtate against that object. I 
entertain the opinion that the subject now presented by the Secretary's 
letter will be met in a corresponding spirit, on the part of our Govern- 
ment, and that the powers will be furnished to the Texian Representa- 
tive here to conclude such a treaty. This opinion, as an individual, 
I have expressed to the Secretary of State, at the same time dis- 
claiming any authority on the part of my Government for such an 
opinion. 

« Oetober 10, IMS. See Van Zandt to Jodm, Oetober 10, 1848. eL.S. 

» Octoberl6, 1843. See Van Zandt to Jones, October Id, 1843. 



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222 AMERICAN HISTORICAL ASSOCIATION. 

Believing that the question of annexation is fraught with con- 
sequences of the first magnitude, and if consumated calculated in an 
eminent degree to advance the welfare, and prosperity of the country, 
I have thought it my duty to dispatch this communication by a 
special messenger, in order to apprise your Department as early as 
possible, and that no time may be lost in ascertaining on my part 
the determination of the Government. Having no means to employ 
a special agent for this purpose, and moreover, as it is difficult to 
embody in a communication without much time and labor, the many 
facts which it would be important to be known to your department 
touching this matter, all of which are familiar to Mr. Raymond 
Secretary of Legation, at my request he has consented to take charge 
of this dispatch and depart for Texas immediately. To him I must 
refer you for information in regard to many matters bearing on 
this question. 

I am of opinion, that at no time since the question was first pre- 
sented to this Government, have there been so many circumstances 
combining to secure the favorable action of the Senate of the United 
States. The late declarations of Lord Aberdeen in the British 
Parliament, in reply to the interrogatories of a certain Noble Lord, 
show the designs of the British Government in regard to the institu- 
tions of the United States through Texas, and make at once, the 
question, one of vital importance to the slave holding states. The 
possibility of England's (as many believe) securing an undue influence 
in Texas, and thereby monopoUzing her growing trade, seems to 
have touched the secret springs of interest so fondly cherished by 
northern manufacturers, and presented the question in a form 
hitherto unheeded. The West are intent on the occupation of 
Oregon, in order to wrest it from the grasping power of Great Britain — 
it is believed that the interest of the two questions of the annexation 
of Texas, and the occupation of Oregon can be combined, securing for 
the latter the south and southeastern votes and for the former some 
northern and the entire western vote. Those presses which have 
discussed the matter place it above party grounds and unshackled 
with party trammels. This I think is highly advantageous for if it 
were made a strictly party vote, neither of the two great parties 
have sufficient members to carry it. Should the treaty be con- 
cluded some provission would necessarily be made for our Govern- 
ment Uabilities — this would at once secure the influence of the holders 
thereof in this country. The influence, of the old United States 
Bank agents, though the bank itself is dead in law, would prove a 
host in itself. It has been told me, and by one entitled to confidence 
that some of these holders of our Uabilities have lately interested 
in a pecuniary way, a distinguished lawyer, a whig senator from one 
of the northern States, who if necessary would settle in Texas in 



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COEBESPONDENCE WITH THE UNITED STATES. 223 

order to prosecute measures to secure their claims. Then, if under 
all these circumstances we should reject this proposition, there can be 
but little probability that so propitious a moment will soon, if ever 
again occur. 

With these hasty remarks I submit the matter for the determination 
of His Excellency the President, aided by his Constitutional advisers, 
with a fervent wish that his decission may redound to the welfare and 
prosperity of Texas. 

In view of the financial condition of Texas, and believing that the 
Legation imder the circumstances might dispense with the Services 
of a Secretary, Mr. Raymond had expressed to me his intention, at an 
early day, to tender to the President his resignation. Now, should 
the Government decide to make the treaty of annexation, I conceive 
that it will be highly necessary that the services of a Secretary of 
Legation should be retained, at least for the present. If therefore 
you should concur with me in opinion I hope that you will so mani- 
fest it to Mr. Raymond, that he may be induced to continue his 
services as Secretary of Legation. His knowledge of the duties of his 
station, aside from other considerations, renders it desirable that he 
should be retained, if an action be decided on. 

It is but due to Mr. Raymond, and it affords me. much pleasure on 
this occasion to bear testimony to your Department, of the prompt- 
ness, fideUty and ability with which he has at all times discharged his 
official duties, and while I most cordially commend him to you, I feel 
assured that the confidence which is now or may hereafter be reposed 
in him by Government will never be misplaced. 

If the Grovemment determine to furnish to its agent here full powers 
to negotiate the proposed treaty, I think the instructions, which 
accompany them, should be as full and expHcit as possible imder the 
circumstances 

I have also the honor herewith to communicate to the Department 
the copy of a letter received from Hon. Fernando Wood of New York, 
giving information of certain alledged violations of official duties, by 
J. H. Brower Esq, Texian Consul of that city. Upon the receipt of 
this letter, I addressed a note to Mr. Brower acquainting him of the 
charges against him, and requesting his statement of the circum- 
stances connected with the affair. His reply is herewith enclosed. 
The two statements, between which there appears to be a very great 
variance, contain all I have learned in relation to the occurrence. 
So far as I have heretofore had an opportimity of knowing, Mr. 
Brower has deported himself properly, and given general satisfaction. 
Unless other testimony be adduced to show his culpabiHty, I appre- 
hend he will receive no serious censure from the Department. 

Should this view concur with that of His Excellency, the President, 
I would respectfully suggest, that perhaps it might not be improper 



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224 AMEBICAN HISTORICAL ASSOCIATION. 

for the Department to address a communication to Mr. Brower, 
impressing upon bjm the importance of avoiding as much as possible 
strifes, and difficulties of eyery character with those who have business 
with him, pertaining to the consulate. 

I have tixe honor to be with the highest sentiments of regard 
Your very obdt. servt. 

Isaac Van Zandt 

[Next come copies of the following: Upshur to Van Zandt, October 
16, 1843;" Wood to Van Zandt, September 30, 1843, complaining of 
insulting treatment by J. H. Brower, Texan consul at New York; 
Brower to Van Zandt, October 10, 1843, acknowledging Van Zandt's 
note of October 9, in which is given a statement of Wood's charges, 
and defending himself against them.] 



Van Zandt to Upshur.'^ 



Van Zandt to Jones.*' 



Van Zandt to Jones.** 

(Despatch No. 110.] 

Legation of Texas 
WasUngton D C Nov 4ih 184S 
Deab sib 

I have the honor to acknowledge the receipt on yesterday of your 
communication of the 29th September last, together with a copy of 
a certain correspondence with Capt Elliott British Charge d' Affaires, 
also the demand of the President for the delivery of Hiram Kenley 
a refugee from justice and a copy of the order of the Department of 
War and Marine directed to Col Jacob Snively with the report of 
that officer giving information of the maimer of the termination of his 
campaign 

The several matters embraced in your communication and accom- 
panying papers shall receive my prompt attention. But as it will 
require some little time to execute all your instructions, I deem it 
proper first to submit for your consideration some reflections of mine 
upon some of the points to which my attention has been directed, 
together with a succinct statement of the condition of some of the 
various questions heretofore pending. The last I notice fir^t. 

a See Calendar of CorraspondflDoe with tbe United States in Part I. 

b October 19, 1843. See Van Zandt to Jones, November i, 1843. 

c October 22, 1843. See Calendar of Correspondence with the United States in Part I. 

<IL.S. 



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CORRESPONDENCE WITH THE UNITED STATES. 225 

Annexed you will find a copy of my reply to Mr Upshnrs note upon 
the subject of annexation. I thought it best as my instructions 
stood to make no intimation of Opinion upon the subject but simply 
to inform the Secretary that a copy of his note was submited for 
the determination of the Grovemment. This question app>ears to 
receive daily, increased interest here, not only with the Government 
but the people also. It is the leading mattier of inquiry by almost 
every prominent man I meet. The opinion of those friendly to the 
measure is that should such a treaty be in contemplation, at no time 
since the subject was first agitated, has there been so many circum- 
stances combining to facilitate its ratification. Mr Adams mani- 
fests great alarm. In a speech of more than two hours length to 
his constituents lately, he occupied the principal portion of the time 
in discussing the subject and the matters connected therewith. I 
hope that before this, you have received my despatches in regard to 
it and have given it a favorable consideration 

The instructions final have been sent to Gov Butler who is Com- 
missioner to meet the Indians. I found it impossible to obtain the 
sanction of this Government to conclude such a treaty as would make 
the United States a guarantee for the faithful performance of the 
conditions The present Secretary of War and Commissioner of 
Indian Affairs as well as Mr Spencer late Secretary of War and now 
of the Treasury, were uncompromising in their opposition. The 
commissioner is however directed to use all his powers to affect [sic] 
a treaty of peace between Texas and the Indians. The commissioner 
of Indian affairs has Ukewise addressed letters to the principal chiefs 
of the Cherokee, Choctaw, Chickasaw and Creek Nations to persuade 
them not to oppose but to use their influence with the wild Indians 
to induce them to conclude a peace with Texas. From the tenor 
of your communication I fear that the time agreed upon will not be 
entirely convenient for our Government. In regard to this I can 
only say that I have acted with the best Ughts upon me and hope 
the Department may be able to carry out the arrangements 

Since the date of my last dispatch to your department I have fre- 
quently called on the Secretary of State and urged upon him the 
necessity of taking up the case of the outrage upon Col Bourland the 
collector of Bed Biver. He has universally replied to me that he 
had not yet been able to procure all the testimony upon the subject 
but that he hoped soon to receive it when he would at once take it 
up In your communication now before me I am instructed to make 
a demand for indemnity for the supposed amount of goods taken 
from the collector. I entertain some doubt whether the claim if 
now made can be held as well founded, since in making the demand 
for reperation for the vnrongs done the collector we presented the fact 
that the goods had been ordered to be released and communicated 

3^28*'— VOL 2, PT 1—11 16 



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226 AMERICAN HISTORICAL ASSOCIATION. 

at the same time a copy of those orders. I take this to be the rule 
in civil cases that if an officer has taken possession of property and 
an order is afterwards issued from the proper authority for its release 
and in the mean time before the Officer is advised of the order of 
release the property is wrested from his possession and returned to 
its original possessor, though the party would be liable to a prosecu- 
tion for the tresspass or violence if used, yet it would in no degree 
affect his title to the property or make him liable for its value at the 
suit of any other person not even the officer himself. If in this lam 
correct I apprehend that the principle is no less true in a national 
point of view. I merely submit these reflections for your consider- 
ation, not as controlling my action for as your instructions are un- 
equivocal I shall seize the earliest opportunity to make the demand 
and will urge it by every means in my power. There is one other 
point in this case to which I call your attention. Col Bourland states 
that it can be established that the offenders were aided or countenanced 
by a United States officer, Col Loomis. I have had some conversation 
with Col Armstrong Indian Agent on this subject and from his state- 
ment I think it will be difficult to identify the officer in any manner 
with the outrage. I would therefore suggest to your Department 
the propriety of calling on Col Bourland to procure such testimony 
as he may be able to obtain touching this particular point and com- 
municate the same to me as early as possible Since the date of my 
letter to Mr Upshur Secretary of State upon the subject of Dr Rob- 
ertsons negroes, I have given the matter my frequent attention but 
up to the present time I regret to have to say that no deffinite action 
has yet been taken upon it by the Government of the United States. 
The Secretary of State in our early discussions upon the matter 
presented and urged many objections to delivering up the negroes, 
all of which I think I have met successfully not only to my satis- 
faction but that of the Secretary of State. In our last interview on 
the subject Mr Upshur said that he would confess to me candidly 
that he was convinced that the United States ought to deliver up the 
negroes and that he was anxious himself to do so but that the oppo- 
sition of some of the cabinet was so great that as yet he had been 
unable to procure the sanction of the President to that course. I 
told him that the great delay which had occurred in this case was well 
nigh tantamount in its effects to a rejection and a longer procrasti- 
nation of the. question could not fail to be viewed by the President 
of Texas as manifesting a disposition on the part of the Government 
of the United States to avoid the performance of an act manifestly 
called for by the plainest treaty stipulations. Mr Upshur said he 
would do all he could to accord to Texas her rights but in the mean 
time hoped that neither this question nor those connected with the 
border difficulties, should be permitted to interpose obstacles to the 



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CORRESPONDENCE WITH THE UNITED STATES. 227 

accomplishment of the important object of annexation. I replied 
that I was sure that it was the most ardent desire of the President of 
Texas to cultivate the most friendly relations with the United States, 
but at the same time I thought nothing could so much contribute to 
the mantainance of a good imderstanding between the two countries 
as a prompt and ready accordance of right 

I am gratified to receive your instructions upon the subject of the 
disarming of Col Snivelys command. This was a great outrage and 
demands reperation. I was strongly inclined to act on this matter 
at an earlier day, knowing the delay necessarily attendant upon the 
circuitous route by which Col Snively's report would be sent, but as 
I would have had to rely upon newspaper statements which were 
uncertain and contradictory I finaUy concluded to await the receipt 
of intelligence from your Department in regard to it. I shall imme- 
diately make the coAununication to this Grovemment upon the sub- 
ject as directed in your instructions, 

*♦*♦♦♦ Jlta 

I will see the President on Monday, (to day being Saturday and 
the usual day for the meeting of the Cabinet,) upon the subject of the 
delivery of the refugee Henley ^ and will write to Genl Henderson the 
result. 

I am exceedingly gratified to find that amidst all our difficulties 
our prospects are brightning. I think that there is much grounds 
to indulge the hope that ere long Texas will sum^oimt the obstacles 
which have retarded her progress and by the successful prosecution 
of a proper policy find herself again restored to peace and prosperity. 
With Sentiments of high regard I am 
most respectfully 

your obt Sert. 

IsAAO Van Zandt 
To 
Hon Anson Jones 
Secretary ofStaie 
of Texas 

P. S. Please remember me to the President and Gent of the Cabinet 
thine 

L V. Z. 

[Next comes a copy of Van Zandt to Upshur, October 19, 1843.*^] 



Van Zandt to Upshur.** 



a Here is omitted a paragraph referring to Van Zandt's salary. 
b Written inadvertently for Kenley. See the first paragraph of the letter. 
c See Calendar of Correspondence with the United States in Part I. 
<i November 10, 1843. See Van Zandt to Jones, November 30, 1848. 



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228 AMERICAN HISTOBICAL ASSOCIATION. 

A Gentleman op Texas to Secretary op State [Upshur].** 



Upshur to Murphy.* 



Van Zandt to Jones.** 

Despatch No 111 

Washington D C 

Nw SOtk 1843 
Hon Anson Jones 

Secretary ofStaie of Texas 

Sir 

I have the honor to enclose you a copy of my communication of the 
10th Instant to the Hon. A P Upshur Secretary of State of the United 
States upon the subject of the disarming of Majr Snively by Capt 
Cook. I have examined a variety of correspondence when similar 
difficulties have arisen and the usual course seems to be to make the 
complaint in a clear and decided tone, while the manner of reperation 
is first somewhat left to the magnanimity of the party who has com- 
mited the wrong and in the event that sufficient attonement is not 
made then the demand is made in a more peremptory manner. I 
have adopted this course so far and hope it may meet your concur- 
ence, as I feel assured you can not have a greater desire than myself 
promptly to vindicate our rights when thus rudely assailed. In con- 
nexion with this subject I would submit to your Department whether 
we ought not to require of this Government that for the indignity 
offered to our flag it should be hoisted in some of the Western Garri- 
sons nearest the point where Snively was disarmed and saluted with 
a number of Guns. If Snively had with him a flag I have no doubt 
we ought to require it Some time since I had an interview with the 
Secretary of State on the subject, he said he had not yet fully investi- 
gated the matter but was then engaged on it. He supposed it doubt- 
ful whether the act was commited within the territory of Texas, but 
be that as it might he considered it a most extraordinary one, wholly 
inexcusable and one that demanded the strongest censure. He was 
unable to say what would be the final determination of the President 
but promised to advise me at the earliest day possible. I asked him 
what he thought of Genl Gains's ^ letter he replied by asking me if 
my Government did not know that he (Gains) was considered a crazy 

a November 20, 1843. See Calendar of Correspondence with the United States In Part I. 
h November 21, 1843. See Calendar of Correspondence with the United States in Part I. 
eL.S. 
d Gaines's. 



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CORBESPONDENCE WITH THE UNITED STATES. 229 

man. I told him the Texian Government believed his acts proved 
him one, but did not know he was so considered by his own Govern- 
ment He said he considered him so and that the President was desir- 
ous to dispense with his services but that he was at a loss in regard 
to him that during the last war he was a valuable officer, but was now 
in a great degree unfit for the service. In a conversation with the 
President in regard to Genl Gains's letter he said that such latitu- 
dinous doctrine[s] were never entertained by him (the President) nor 
was General Gaines authorized to promulgate them In regard to 
Cooks conduct the President remarked that the subject was a very 
perplexing one and he was at a loss to know what to do in relation to 
it. I told him I could not see any grounds for hesitation and I hoped 
the question would be promptly met. It was important for the 
Texian Government to know and that by an official declaration 
whether the acts complained of were sanctioned by the Grovemment 
of the United States or not. My own impression is that this Govern- 
ment will attempt to stave off this matter at present as [it did] the 
outrage upon Col Bourland and the case of Dr Robinsons negroes. I 
think there is no good reason for this and unless I shall receive an 
answer soon I shall deem it my duty to urge their consideration in the 
most express and decided tone 

The question of annexation is gathering in importance every day. 
The papers are full on the subject by far the greater number are in 
favor, though some are very hostile to the measure. The Opinion 
of members of Congress friendly to it is that if the treaty is concluded 
it must prevail while others opposed say it is impossible. The 
President wiU not (as has been expected here) allude to it in his 
message. 

Mr Fox the British Minister is to be recalled Mr Packenham 
formerly Minister at Mexico is to succeed him, this however is yet 
secret here generally but it comes from^ and I think is true. 

Some very belligerent communications have passed between Mr 
Upshur and Genl Almonte in which the latter threatens a declaration 
of war in certain contingences which you will understand* I speak 
advisedly. Genl Almonte has not either officially or otherwise 
visited the Secretary of State for some considerable time past 

On yesterday I was assured by a leading member of Congress that 
the Globe of this city is making ready to wield its mighty force on 
the side of annexation the moment a treaty is concluded. The 
inteligencer is perplexed. The Editor is opposed but some of his 
party are trying to bring him over to the measure. I fear it cant 
be done he may be neutralized perhaps. I have got some strong 
Whigs beseiging him who will do all that is possible for them. Mr 

a Name Is omitted. O See NUet* Register, LX V, 26G-268. 



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230 AMERICAN HISTORICAL ASSOCIATION. 

Clay could eflfect this object, but I fear he will be disposed to take 
no part If however the treaty is concluded I have strong hopes it 
will succeed. 

I expect to send this by a Gentleman who leaves in a day or two 
as bearer of dispatches to Genl Murphy. 
With sentiments of high regard 

I remain most truly your friend and 
Obt sevt 

I Van Zandt 

[Inclosed is a copy of Van Zandt to Upshur, November 10, 1843."] 



Murphy to Jones.'* 
Despatch A. 

Legation of the Unfted States, 

Galveston, Texas, 
1st, December 1843. 
To the Honbl. 

Anson Jones, 

Sect of State, of the Reph. of Texas. 
Sir, 

The undersigned, Charge d' Affaires of the U. States, near the 
Government of the RepubUc of Texas, has to perform the painful 
duty of communicating to you, the circumstances incident, to a most 
unprovoked murder, recently committed at the Pine Bluffs, in Texas, 
of a choctaw warrior, named Daniel Wesley, by a white man, named 
George Albon. 

It appears, from the evidence, on file in the office of this Legation, 
(copies of which, will be furnished to the Government of Texas, if 
required) that on the 4th of September last the murderer, George 
Albon, who had been left in charge of the Grocery of Messrs Matthews 
and Stiles at the Pine Bluffs, having traded some whiskey, or other 
intoxicating Liquors to the deceased and another Choctaw Indian, 
named *' Charley", for a Buckskin, upon which the two Indians 
became very much intoxicated, shoved them boath out of the Door 
of the House, boath Indians falling prostrate on the groui^d, out 
side of the Door. Whereupon, Albon, went out, and as Daniel 
Wesley was getting up, Albon struck him on the side of the head 
with a Hoe, or some dangerous weapon, fracturing his scull, from 
the back part of the Head to the front Temple, protruding one eye 
nearly out of his head. Fracturing the Temporal and parital bones 
of the left side of the Head, the several edges of the bones pressing 
upon and lacerating the Brain, of which, the Poor Indian died in a 
few hours. 

aSee Calendar of Correspondence with the United States in Part I. b a. L. S. 



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COKEESPONDENCE WITH THE UNITED STATES. 231 

To you sir, or to your Government, I need not describe the deep 
sensation, the ardent desire of revenge, which this unhappy event, 
created throughout the whole tribe of Choctaw warriors, and the 
neighbouring tribes of Indians affiliated with them. 

I may say however; that it required the utmost prudence, and 
energy on the part of the Civil and Military authorities of the United 
States, near the scene of murder, to check the exasperated warriors, 
from seeking redress by the only means they generally adopt, of an 
indiscriminate slaughter of the first victims that chanced to fall in 
their way. 

This vigelance and prompt action, of our officers, I am happy to 
say, was instantly put in operation, and an effort to bring the mur- 
derer to punishment, with the assistance of some of the Good Citizens 
of Texas, resulted, in an agreement with the Indians, that the matter 
should be promptly submitted to the authorities of the Grovemment 
of Texas, with the assurance, that your Government would cause 
the offender to be arrested, and brought to a speedy trial. And this 
is the object of the communication now made to you. 

You are aware, that it is at vast expense and trouble, the Grovem- 
ment of the United States, assiduously endeavours to maintain 
relations of peace and amity with the Indians Tribes, guarding not 
only their own, but oftimes extending that guard, to the frontiers 
of Texas, and protecting as far as they can, all white Settlements 
along those extensive frontiers from the out breaks and incursions of 
the Indians. 

In the discharge of this humane and necessary duty, the experience 
of many years has convinced the Government of the United States, 
that most of the evils resulting to our western and border setlers, 
from ^'Indian outrage", is brought upon the white People, by their 
cruel and wicked practice, of retailing Sperituous Liquors to the 
Indians. And the Government of the United States, will use its 
best endeavours, and beseeches the aid and assistance of the Gov- 
ernment of Texas, in suppressing a traffic, so detrimental to the peace 
and safety of the western and border setlers, of both countries. 

That the joint efforts of both governments, to suppress the sale of 
sperituous Liquors by the citizens of either country, to the Indians, 
will produce the most beneficial results, there can be little doubt — 
and their mutual efforts, to punish all crimes committed against the 
Persons, or property of the border tribes, being a christian, as well as 
a national duty, if persevered in, with good faith, will restore to our 
fellow citizens a greater security, than they have heretofore enjoyed. 

That this is a desideratum greatly desired by the Grovemment of 
Texas, I can have no doubt, and, that you will take the earliest steps, 
effectually to bring Mr. Albon to punishment, if guilty, I will not 
permit myself to question. Whatever other, or further information 



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232 AMEBICAK HISTOBICAL ASSOCIATION. 

on this subject you may require of this Legation, you shall have, as 
far as it is in the power of the undersigned to impart it. 

With sentiments of the most sincere respect and esteem, I have 
the Honor to be — Sir, 

Your Obt Sevt. W. S. Murphy. 



Jones to Van Zandt. 

Department op State 
Washington [Texas] Deer, 13th 1843 
Hon Isaac Van Zandt 

Charge cP Affaires of Texas 
etc etc etc 
Sir, 

Your two communications of the 16th Oct. and 4th Novr Ulto. 
have been recieved at this Department. The absence of His Excel- 
lency the President from the Seat of Government untill the time of 
the meeting of Congress and his various engagements since his return 
consequent upon the assembling of the Representatives of the people 
have prevented an earUer reply. 

The question of the annexation of Texas presented in the note of 
the Hon. A. P. Upshur, Secretary of State of the United States, has 
engaged the most anxious attention of the President, and 1 am spe- 
cially directed by him to communicate to you the following as the 
result of his deliberations on this subject, for your governance in 
making a reply to the note above refered to. 

The interposition of foreign friendly governments, by which an 
Armistice has been established between Texas and Mexico, and the 
prospect of a permanent peace with that power given, has been 
extended by the particular governments, mostly influential in obtain- 
ing these most desireable results chiefly with a view that in the event 
of Mexico's agreeing to acknowledge the independence of Texas she 
should continue to exist, as a separate and independent nation The 
great object and desire of Texas is the establishment of a permanent 
and satisfactory peace with her enemy, and for this purpose the good 
offices of these powers has been asked and obtained, and the object 
sought for, through their intervention appears now on the eve of 
being reaUzed. This intervention and these good offices have been 
gratuitously and unconditionally given, and although Texas is en- 
tirely free to pursue any course she may please in future, the president 
thinks that in the present state of our foreign relations, it would not 
be politic to abandon the expectations which now exist of a speedy 
settlement of our difficulties with Mexico, through the good offices of 
other powers for the very uncertain prospect of annexation to the 
United States however desirable that event, if it could be consum- 



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COBEESPONDENCE WITH THE UNITED STATES. 233 

mated; might be. Were Texas to agree to a treaty of aimexation, the 
good offices of these powers would it is believed be immediately with- 
drawn, and were the Treaty then to Fail of ratification by the Senate 
of the United States, Texas would be placed in a much worse situation 
than she is at present, nor could she again ask or hope for any inter- 
position in her behalf, either by England or France — and with our 
consequent supposed dependence upon the United States might again 
return the apathy and indifference towards us which has always untill 
now characterized that government. Texas would then be left, in 
the same situation she was two years since without a friend and her 
difficulties with Mexico unsettled. 

This government is duly sensible, of the very friendly feeling 
evinced by the President of the United States in the offer to conclude 
a treaty for the annexation of this country, but from all the infor- 
mation which he has been able to obtain in relation to the views and 
feelings of the people of the United States he is induced to believe 
that its approval by the other branches of that government, would 
be, if not refused, at least of very uncertain attainment. At this 
particular time, therefore, and untill such an expression of their opin- 
ions can be obtained as would render this measure certain of success 
the President deems it most proper and most advantageous to the 
interests of this country, to decline the proposition for concluding a 
treaty. In making a communication of this determination to the 
government of the U States it will be proper to inform that govern- 
ment, that whenever the Congress or Senate of the United States 
shall throw wide open the door to annexation by a resolution author- 
izing the President of that Country to propose a treaty for the pur- 
pose, the proposition will be immediately submitted to the Repre- 
sentatives of the people of this country, and promptly responded to 
on the part of its government. 

The present determination of the President on this subject, does not 
proceed from any change in his views of the general poUcy of the 
measure but from a change in the relations of this country with other 
powers. 

Mem. consul's commission for Mobile.'* 

The amendment made to the Treaty negotiated by Mr. Riley, in 
the Senate of the United States, viz. the striking out the 4th and 5th 
Articles, renders the Treaty unacceptable to this government, conse- 
quently it will not be ratified in that shape by Texas. It is however, 
quite desireable that a treaty should be established between the two 
countries as the events of the last year have most abundantly shown. 
As it will be impossible perhaps to obtain for the present a more 
favorable arrangement than the one negotiated by Mr. Riley you 

• This memorandtun Is written on the upper margin of the p&ge on which it oocors. 



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234 AMERICAN HISTORICAL ASSOCIATION. 

will use every proper eflfort in your power to obtain a reconsideration 
of the vote of the Senate rejecting the 4th and 5th Articles, and 
endeavor to procure a ratification of the treaty, either in the modified 
form proposed by the Senate of Texas (which is the more desirable 
one) or this failing in the form originally agreed upon between the 
contracting parties. 

As it is anticipated objections may still exist in the minds of the 
northern Senators particularly, on this subject, it may be well to call 
to your assistance some individual from that section of the coimtry, 
who from his knowledge of the interests of the people there and 
acquaintance with the individuals in question, might be able to 
remove those objections I know of no person, in such an event more 
likely to be serviceable than our present Consul for the port of New 
York. Should a state of things arise therefore, in connexion with the 
action of the Senate upon this treaty, which would appear to render 
it desirable, you will request him to visit Washington for the purpose 
above refered to The commercial and general intelligence of Mr. 
Brower his high standing and respectability as a Merchant, and his 
intimate acquaintance with all that concerns our trade with the 
United States, point him out as a most suitable person to act with you 
in the attainment of this important object. I have instituted 
careful enquiries in relation to the conduct of our Consul at New York, 
in the affair complained of by Mr. F. Wood and am satisfied that the 
conduct of that functionary in this instance, as in every other con- 
nected with the discharge of his official duties, was justifiable and 
proper, and that the charges brought against him by Mr. Wood were 
both unfounded and malicious. I shall at an early day and so soon 
as leisure permits address a communication directly to Mr. Brower, on 
this and other subjects In the mean time, I feel it my duty to say 
that the government of Texas has never had an officer, who has dis- 
charged his duties more ably, faithfully and satisfactorily than Mr. 
Brower. 

You will please conmnmicate a copy of the above to that gentleman. 

Your sending Mr. Raymond as bearer of dispatches meets the appro- 
bation of the President. His presence here at this jimcture of affairs 
gives hinri an opportunity of obtaining much valuable information, 
connected with our public interests, which he will comunicate to you 
on his return. Tlie Department is satisfied of the very able and 
faithful manner in which he has performed the duties of his office. 
His stay at the Court of Washington will probably depend upon the 
contingency of an appropriation by Congress for his salary. I refer 
you to him for much of importance which it is unnecessary I should 
write. 

In relation to the outrage committed on Mr. Bourland, I would 
observe in reply to the remarks in your last, and in addition to what 
I have heretofore said that the order for the release of the goods was 



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COBBESPONDENCE WITH THE UNITED STATES. 235 

only conditional, and as the opportunity was not afforded of com- 
plying with those conditions by the forcible recapture of the goods, the 
gdvemment of the United States can have no right to claim the goods 
by virtue of that order or to refuse payment for them in consequence 
of its having been given. It appears to me that the participation of 
the officer Col. Loomis in this affair is virtually admitted by the 
United States government. 

Enclosed herewith I send you the Commission of" Esq. as Consul 
for Mobile which together with his Exequatmr when obtained you 
will please transmit to that gentleman. 

By information recieved at various times from Mexico, this gov- 
ernment is advised that Gen Waddy Thompson U. S. Minister to that 
Court, has on different occasions made assertions of an unwarrantable 
nature, and derogatory to the character of the President of this 
Republic, charging upon him the crime of having endeavored to pro- 
cure the destruction of the prisoners captiu'ed at Mier in December 
last. Untill recently these accounts were deemed of a character too 
monstrous for belief, and although for many months past, the 
journals of this country and the United States have reiterated a 
charge of this kind, the President would not have deemed the matter 
of a sufficiently authentic character to demand a serious notice, had 
not letters of Gen. Thompson to Mr. Doyle H. B. M. Charg6 d' Affaires 
at Mexico, recently published appeared to confirm the fact that Gen. 
Thompson had authorized such a statement. 

The President therefore directs that you will bring this matter 
properly before the Government of the United States and respect- 
fully request that they will institute an enquiry into the matter with 
a view of rendering justice, to the President of the Republic of Texas, 
(whose private character has been most wrongfully assailed,) in 
accordance with the friendly relations which should exist between the 
two coimtries. ♦ ♦ ♦ * 
I have the honor 

to be with the highest respect 
YourObtSv. 

Signed) Anson Jones 



MuBPHY TO Jones.* 

Legation op the UNrrED States, 
Odlveston, Texas, 24th Decemh. 1843. 
To the Honbl. 

Anson Jones Sect of State etc. 
Sm, I have the honor to enclose to you, for reading of his Excel- 
lency the President of the Repb. of Texas, The Message of the Presi- 

a Here Is left a blank for the name, which was not filled. 
^ Hen la omitted a paragraph relative to Van Zandt's salary. 
« A. L. 8. 



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236 AMERICAN HISTORICAL ASSOCIATION. 

dent of the United States.** You will certainly observe, from the 
perusal of this great state paper, that the Executive Government of 
the United States, is in earnest, when it gives assurance of its friend- 
ship and regard of the RepubUc of Texas. And I am peculiarly 
gratified and would congratulate you, and the President, upon results, 
so happy, flowing from, apparantly, discordant, and equivocal causes, 
all working together, however, for the Independence of the Republic 
of Texas, and the Liberties of the People. 

I offer to you Sir, the assurance of ray high 
respect and esteem. 

Your obt. Sevt. 

w. s. mubphy 

Upsher to Van Zandt.* 



Van Zandt to Jones.'' 

Despatch No 112 

Legation op Texas 
Washington [City] Jany 2nd 1844 
Hon Anson Jones 

' etc etc etc 
Sir 

Since the date of my last despatch I have repeatedly urged upon 
the Secretary of State of the United States as well as the President 
the necessity of giving to the several complaints which we have made 
against this Government a prompt and immediate consideration. 
The Secretary of State has at all times manifested an ardent desire 
to at once take the necessary steps to accord to Texas a proper satis- 
faction. He has frequently stated to me his concurence in the opinion 
that the acts of Capt Cook were highly censureable and unjustifiable 
and of his wish to disclaim them on the part of his Government. The 
difficulty exists with the President who says that he has not been 
able to satisfy himself in regard to this as well as the circumstanoes 
in relation to the outrage upon Col Bourland and the obligation the 
United States is under to surrender Dr Robinsons negroes. Li the 
early part of the last week I called upon the President and also the 
Secretary of State and stated to them that a longer delay in regard 
to these several matters could not fail to be considered as evidence of 
a disposition upon the part of the Government of the United States 
to ward them off. Each disclaimed any such intention and said I 
should receive a note explanatory of the causes of the delay. On last 
Saturday I received the note of Mr Upsher a copy of which is herewith 

a See Rlchardaon, Mataget and Papers, IV. 257, et »eq. 

h December 29, 1843. See Van Zandt to Jones, January 2, 1844. 

eA.L.S. 



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COBEESPONDENCE WITH THE UNITED STATES. 237 

inclosed. To me it is far from being satisfactory and I had designed 
to have another interview with that gentleman before I closed my 
despatch, but when I called at the State Department on today I learned 
he was very unwell and unable to attend to business. I then saw the 
President and told him I considered the note of Mr Upsher as calcu- 
lated to strengthen the idea of a wish on the part of the United States 
Government to prolong their action and treat the subject lightly, that 
such an impression was to be regreted that the complaints were not 
made as matters of form but that we must insist on their being met 
and I hoped without unnecessary delay, that six months had near 
elapsed since the principle act was commited and thatlmust be excused 
for saying to him I thought the time sufficient The President replied 
that he looked upon them himself as important and for that reason 
he was desirous to examine them fully, but that he would again assure 
me he had not the slightest disposition to evade them but felt a sincere 
desire to do full justice to Texas and that without unnecessary delay. 
Thus I have given you the situation of these several matters as they 
have progressed In regard to the letter of Genl Gains the Secretary 
of War showed me the orders of his department to Genl Scott in rela- 
tion to it in which he directs the orders to be countermanded and 
says that it was not only written without authority but in violation 
of the known wishes of the War Department Genl Gains is here and 
I am told is quite sore upon the subject I have been introduced to 
him and we have had some conversation but his letter was not alluded 
to by either of us. 

I shall not reply to Mr Upshers note at present but await this and 
the ensuing week and if by that time a further answer is not received 
from him I shall answer his note and reiterate explicitly the demands 
for reperation as contained in your instructions upon these several 
subjects. After the apparant candid averments of the President and 
Secretary of State that they have no disposition to ward off these mat- 
ters it would perhaps be uncharitable to charge the contrary Yet I 
believe that no harm will result from addressing the Secretary of State 
more energetically if they are suffered to pass over until the time 
before alluded to In connexion with this subject I saw stated in the 
newspaper that Mr Webster had indicated to Genl Almonte that by 
the permission of the Mexican Government this Government would 
furnish an escort to the Santa F6 traders beyond the boimdary of the 
United States and that Almonte replied that he had no authority to 
give the permission I called upon the President Secretary of State 
and Secretary of War and asked the grounds for the rumor In the 
War Department I was shown a statement of the case which fully 
sustained the publication. I then told the President and Secretary 
of State and War that in the name of my Government I should protest 
against all such propositions, that Mexico had no power to authorise^ 



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238 AMERICAN HISTORICAL ASSOCIATION. 

such a movement that the territory over which the route passed 
belonged to Texas and that any movement of the character alluded 
to would be held as a violation of her rights Each ol the Gentlemen 
disclaimed any intention on the part of the (Jovemment of the United 
States to interfere with the territory of Texas or the contest of boun- 
dary between Texas and Mexico I likewise had understood that Capt 
Cook after the capture of Col Snivelys command had continued his 
march to Santa F6. This was denied by the Secretary of War who 
assured me that Capt Cook had been expresly ordered not to go beyond 
the boundary of the United States 

I have looked for some time with great anxiety for the receipt of 
your reply to my communications upon the subject of annexation. 
Though the measure has been carefully avoided in Congress by both 
friends and opponents yet it is decidedly the question of the day, I 
have said to the President as well as Mr Upsher that it matters not 
what may be the nature of your reply I was satisfied that we could 
not accede to their proposition imtiU proper satisfaction had been 
accorded to us in the several matters of complaint which we have 
made against the Grovemment of the United States This declara- 
tion I think will spur them up and force them to an action they 
might otherwise be. disposed to evade. 

The two Houses of (ingress are doing but little. The discussions 
have been principally upon points of order and the propriety of 
receiving aboUtion petitions The latter being the old hobby of 
Mr Adams. 

The appointments of Messrs Upshur and Nelson were yesterday 
confirmed by the Senate 

I have been endeavoring to urge upon members of Congress the 
the propriety of repealing the duty upon our cotton Mr Slidell of 
Louisiana has introduced a bill for that purpose and I have strong 
hopes of its passage If this can be effected we will thereby secure 
the principle advantages embraced in the late treaty without giving 
the important equivalents therein conceded. Mr Argaiz the Spanish 
Minister yesterday presented his letter of recall and will soon depart 
for Europe His recall is on accoimt of the late changes in the Gov- 
ernment of Spain 

Since the meeting of Congress I have left Alexandria and taken a 
house in this City near the War Department on Perm Av 

With great regard Most Respectfully 
Your Obt Sevt 

Isaac Van Zandt 

[Inclosed is a copy of Upshur to Van Zandt, December 29, 1843.^] 

a Here is omitted a paragraph relative to Van Zandt's salary. 

b See Calendar of Correspondence with the United States In Part I. 



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c0rbe8p0ndence with the united states. 239 

Upshur to Murphy.* 



Upshur to Van Zandt.* 



Van Zandt to Upshur.*' 



Upshur to Van Zandt. ** 



Van Zandt to Jones.* 

[Despatch No. 113.] 

Legation of Texas 
Washington [City] 20th. January 1844 
Hon Anson Jones 

Secretary of State 
Sir 

Mr. Raymond reached here on the 13th. inst., by whom I had the 
honor to receive your communication of the 13th. ultimo, the con- 
tents of which have engaged my most serious and imdivided attention, 
When I had the honor to enclose you the note of the Hon A. P. 
Upshur, Secretary of State, submitting the proposition for annexation, 
it was impossible to speak with any great degree of certainty of the 
amount of support which such a treaty, if concluded, would receive 
in the Senate of the United States. Since that time the question has 
been discussed to some extent by most of the political presses of the 
country. Congress has assembled and an opportunity has been 
afforded to ascertain the individual views of many Senators. I have 
endeavoured to avail myself of these and every other means in my 
power, in order to the formation of a correct opinion as to the probable 
success of the measure should it be attempted. Deeply impressed 
with the importance of the suggestions contained in your dispatch, 
since its receipt I have attempted, with the aid of several distin- 
guished gentlemen in and out of Congress to reinvestigate and review 
the whole case as it is presented here. The result of these investiga- 
tions has determined [me] to withhold, until I can communicate with 
your department again, the reply indicated in your communication 
declining the proposition of the Government of the United States. 
In doing this I feel assured that the great interests of the coimtry, 

a January 16, 1844. See Calendar of Correspondence with the United States in Part I. 

b Janoary 16, 1844. See Van Zandt to Jones, January 20, 1844. 

e January 17, 1844. See Van Zandt and Henderson to Jones, April 13, 1844. 

d January 19, 1844. See Calendar of Correspondence with the United States-ln Part I. 

«L.S. 



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240 AMERICAN HISTORICAL ASSOCIATION. 

as well as the views and wishes of the President and people of Texas 
will be best promoted and subserved; confidently relying at the same 
time that my course in this instance will find a justification in your 
enlightened judgment. 

The President of the United States, believing that the annexation 
of a foreign state or territory to this Union should most properly be 
done by treaty, precedents having already been established in the 
cases of the acquisition of Louisiana and Florida, and a proposition 
to that effect having already been submitted by his direction, con- 
sidered it not only useless but improper to recommend to Congress 
any action at present in regard to it. The fact that the proposition 
has been made has likewise been communicated by the Secretary of 
State to many of the leading members of both Houses, which, in con- 
nection with the universally conceded opinion that the measure 
should be presented in the form of a treaty, has prevented any action 
whatever in either branch of Congress on the subject. A resolution, 
authorizing the President to enter upon any negociation whatever, 
has never been attempted, unless in such cases where he had declined 
or neglected to act. To instruct him to do that which he had already 
done would not only be useless but imcalled for. Such are the opin- 
ions of every prominent member of either House with whom I have 
conversed, as well as other distinguished gentlemen out of Congress 
who are advocates of annexation, amongst whom I "will name Mr. 
Justice Catron of the Supreme Court, whose opinions I have no doubt 
will be appreciated by His Excellency the President. From these 
facts and opinions I am satisfied that if annexation be ever attempted, 
it must be first by a treaty. 

I proceed now to state some of the evidences which impress me 
with the conviction that if a treaty is concluded, it will be ratified. 
Mr. Tyler having withdrawn from the contest for Presidency the ques- 
tion neither is, nor will be considered in reference to him, but being 
supported by both whigs and democrats will not be determined as a 
party measure, but as a great national one, alike interesting to the 
whole Union. The impressions, which exist here in regard to the 
State of Affairs, have induced the opinion that Texas must either 
be annexed to this Union, or become in some form or other a depend- 
ency of Great Britain. This view of the case has had an important 
influence upon many of the Senators of the non-slaveholding states. 
Were the question deprived of this feature I should dispair of its 
success. It is believed that any undue influence, obtained by Great 
Britain whether in a commercial or other point of view, in Texas, 
must sooner or later prove dangerous to the institutions and pros- 
perity of this country and therefore ought to be resisted. I deem 
it unnecessary to capitulate the many reasons that have been urged 
here to show that this would be the effect. This subject I believe 



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CORBESPONDENCE WITH THE UNITED STATES. 241 

is well understood and fully comprehended by both northern and 
southern men. It is also believed that Oreat Britain is now using 
every means to accomplish these purposes, and that the only security 
against her insidious poUcy is through annexation. 

In looking to the Senate to see who can be relied upon to sustain 
the measure, from all the information which I have derived, I give 
the following as my decided opinion. There is but Uttle doubt in 
the minds of many that Mr. Clay will be elected to the Presidency. 
Some of his particular friends, viz. the Senators from Kentucky, 
together with Messrs Archer and Mangum, in prospect of that event 
prefer the measure postponed in order that Afr. Clay may have the 
credit of eflfecting it, but at the same time, if the treaty be now made, 
will support it beyond doubt. Premising this I feel confident that 
we may rely upon the entire vote of the south and west, regardless 
of party, while at the north we may calculate on the whole demo- 
cratic vote, and many say Mr. Tallmadge of the Whig party, though 
the latter may be considered doubtful. If I am correct then in my 
opinions a treaty might be submitted with a confident prospect of 
its ratification. Believing then that a treaty is the proper mode, 
that public sentiment is ready for action, that the feelings already 
arroused should not be suffered to waste themselves on uncertain 
or coUatteral issues, and that by delay we should hazard the accom- 
plishment of this great measure, I deem it my duty to resubmit the 
matter to your department for the determination of the President. 

Should any other legislative action be attempted, one of the 
greatest arguments which would be relied on by the opponents of 
the measure would be that the Gk) vemment of Texas has not evinced a 
willingness to be annexed, and that any movement of Congress would 
be improper xmtil this fact is known. Under my present instructions 
I could give no assurance that the Government of Texas would agree 
to annexation, even were a law passed to that effect. A vote upon 
a resolution of this character* would not be a fair test, for all those 
who would vote for a treaty were it presented but desired to delay 
the measiu'e, would vote against siich a resolution. 

The question presents itself in another point of view, suppose that 
the. treaty if made should fail, yet the terms on which Texas is 
willing to be admitted having already been agreed upon, the data 
would thereby be given upon which to frame a bill. Such a bill, 
incorporating the provissions of the treaty for the admission of Texas 
into the Union, it is the opinion of many members, may be consti- 
tutionally passed into a law by a simple majority of both Houses of 
Congress, but without a basis previously agreed upon it would be 
imp>ossible to take any action. If this view of the constitutional 

a I. e., a resolutloii intended to effect annexation, 
39728°— VOL 2, PT 1—11 W 



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242 . AMERICAN HISTORICAL ASSOCIATION. 

question be correct the success of the measure would be placed 
beyond the shadow of a doubt. 

I respectfully submit it as my settled conviction that Mexico does 
not now contemplate the free acknowledgment of the independence 
of Texas, nor will she grant it at this time, without such concessions 
as Texas will not make. England would doubtless oppose annexa- 
tion, but on the other hand she will never force or compel Mexico to 
acknowledge our independence without some boon from Texas, which 
cannot be granted. It is a well ascertained fact in my mind that the 
present armistice does not proceed from any disposition on the part 
of Mexico to agree to the independence of Texas. 

If in resorting to annexation, Great Britain desert us during its 
pendency, the fact of concluding the treaty will organize a party in 
this coxmtry that will neither permit us to be attacked nor cease its 
powerful support until annexation shall be effected. 

I am authorized by the Secretary of State, who speaks by the 
authority of the President of the United States, to say to you that 
the moment a treaty of annexation shall be signed a large naval 
force will be assembled in the Gulf of Mexico, upon the coast of 
Texas, and that a sufficient number of the Military force will be 
ordered to rendezvous upon the borders of Texas, ready to act as 
circumstances may require; and that these assurances will be officially 
given preliminary to the signing of the treaty, if desired by the 
Government of Texas; and that this Government will say to Mexico 
that she must in no wise disturb or molest Texas. 

Believing that in the decission of this question the destinies of 
our land are suspended,. I should be recreant to my duty did I not 
again present to you these facts and reflections that they may be 
submitted to the President, who under the guidance of Him, who 
directs the destinies of mankind, I trust will decide upon them 
in such manner as shall receive the welfare of our common country. 

That portion of your communication respecting the imprecedented 
and remarkable conduct of Genl. Waddy Thompson towards the 
President I have verbally communicated both to the President of 
the United States and Secretary of State, and had intended to 
make a communication on the subject to the State Department, 
but on further reflection I am not satisfied in my own mind whether 
imder the circumstances it would be best to do so. The President 
and Secretary of State both informed me that General Thompson 
had resigned and his resignation been accepted, and that he is 
looked for here in a few days. I will continue to think of the matter 
and take any steps which may seem proper and necessary. In the 
mean time if it is desired by His Excellency the President that I 
shall make the communication before indicated, you will write me, 
and your instructions shall be immediately complyed with. 

The treaty concluded by Mr. Reily has not been taken up with 
a view to a reconsideration of the amendments, nor do I believe it 



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CX)RBESPONDENCE WITH THE UNITED STATES. 243 

will be possible to pass it in the original form at present, although 
I have reason to believe that the vote would be stronger for it than 
at the last session. One of the most formidable objections urged 
against its ratification was, that owing to our internal difficulties 
and the dangers which attended us from without, the belief of the 
possibiUty that Texas might become subject to some other foreign 
power was induced, and that if the navigation of the Red River 
and the Mississippi was conceded the benefits might enure to others 
through Texas. Though proceeding from a different state of [the] 
case the objection still exists in as strong form as at the last session. 
It \s alleged, as stated in a former part of this dispatch, and many 
believe it true, that England is about to obtain an undue influence 
in Texas, and these privileges of navigation if granted to Texas 
might be made the source of annoyance to the United States. That 
portion of the Southern Senators who opposed the treaty I think 
might now go for it if an action was taken, but yet these same gentle- 
men are averse to moving in the matter so long as there is a prospect 
of annexation. Place these two measures before the senate when 
you will and annexation will receive the greater number of votes. 

Mr. SUdell of Louisiana has introduced a bill to admit our cotton 
free of duty, and I have strong hopes of its passage. The only 
reason that will operate with much force to defeat it, is, that it is a 
part of the general 'tariff act, which many are opposed to disturbing. 
Mr. Archer told me last night in a long conversation I had with him, 
that the bill if it could pass the House, would pass the Senate without 
difficulty. 

For the present I do not think it necessary to require the services 
of Mr. Brower, when I have received your answer or even before 
if it appear important I will inform him of the fact. 

I have the honor to enclose you herewith a copy of a communication 
from Mr. Upshur, Secretary of State, upon the subject of the dis- 
arming of Major Snively. I have not had time to reply to it. I will 
do so as early as possible and notice the other causes of complaint 
in a more specific manner. 

Knowing that the Archives of the Government are at Austin I 
have sent you a copy of the former instructions on the subject of 
annexation, so that if the President should think proper to make 
the treaty they may facilitate in drawing any new instructions for 
the governance of your Represei^tative here. 

I have informed the Secretary of State verbally of the views of 
the President as to the formation of a treaty of annexation as indicated 
in your dispatch. 

With sentiments of high regard I have the honor to be most 

respectfully 

YourObdt.Servt 

Isaac Van Zandt. 



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244 american historical association. 

Upshub to Van Zandt. 

Sm, — ^When I had the honor to address you on the 29th. ult relative 
to the outrage alledged by you to have been conunitted by Captain 
Cooke of the army of the United States in disarming a Texan force 
under the command of Colonel Snively, I could do no more than 
give you a general assurance of the regret felt by the President that 
any cause of complaint should exist on the part of Texas against this 
(Jovemment, and of the readiness of this Government to repair any 
wrong done by its forces to the dignity of Texas or the rights of her 
people. The pressure of other duties, particularly since the session 
of Congress, has rendered it impossible to give to your letter upon 
this subject the attention which it would otherwise have received. 
I have now the honor to communicate the views at present enter- 
tained by this (Jovemment, and to invite from you any further sug- 
gestions which you may think necessary to elucidate the subject. 

From the statements made to this Government, the following 
appear to be the facte of the case. On the 15th. of March, last, an 
application was made by several American citizens to the Depart- 
ment of War for an escort from Missouri to Santa Fe in Mexico. On 
the 17th. of the same month General Almonte, the Mexican Minister, 
addressed a note to the Secretary of State, desiring a similar escort 
for certain Mexican merchants then in Missouri, wBo desired to trans- 
port a large amount of goods which they had purchased, to Santa Fe. 
On the 28th. of that month, directions were issued to the War Depart- 
ment to have the escort organized for the purpose of protecting such 
of the citizens of the Republic of Mexico and of the United States as 
should be desirous of availing themselves of the same. The escort 
was to proceed as far as the territory of the United States extended 
on the route to Santa Fe. Some subsequent correspondence took 
place, but it did not alter the purposes of the escort or the extent to 
which it was to proceed. 

Captain Cooke of the Dragoons was detailed for this duty and a 
force of about one hundred and ninety men was placed imder his 
command to carry out the orders of the Department. They rendez- 
voused at Council Grove, Neosho River on the 3rd. of Jime, and pro- 
ceeded on their route with the Caravan of traders. 

On the 22nd. of Jime, Captain Cooke states, that when at Walnut 
Creek, he received intelligence th^t Colonel Snively, having about 
one hundred and eighty Texians imder his command, had avowed his 
intention to attack the caravan wherever he could find it unprotected, 
and had also made many threats against the American portion of it, 
and that three of their spies had been reconnoitering in the territory 
of the United States, and had returned on seeing his command. He 
however proceeded with the escort and caravan in the direction of a 



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CORRESPONDENCE WITH THE UNITED STATES. 245 

crossing, and on the 30th. of June he saw three horsemen about a 
mile in advance, whom he supposed to be those spies, and in pursuing 
them, came in sight of the Arkansas river, on the opposite side of 
which, he saw in a large grove, a force of men and horses. They 
hung out a white flag, and he sent a subaltern with a trumpeter and 
flag to ford the river to their camp. He directed him to demand of 
the commander who they were and what they did there, and to give 
such commander or another safe conduct over to him and back. On 
his return. Colonel Snively and another officer, his aid, accompanied 
him, when Captain Cooke informed him that his people were in the 
United States, and desired to know who they were, and if he had a 
commission ? to which Col. Snively repUed that he had a Texan vol- 
unteer force of 107 men, 75 having lately returned to Texas, that he 
beUeved he was on the territory of that EepubUc and that he had a 
commission which he exhibited, and a copy of which accompanies 
Captain Cooke's communication. 

That document is not in the form of a commission, but of an order 
signed by the Acting Secretary of War and Marine, and authorized 
the raising of a partisan force without expense to the (Jovemment; 
the object of which was to retaliate and make reclamation for injuries 
sustained by Texian citizens, and declaring that the merchandize and 
all other property of all Mexican citizens would be lawful prize. Such 
as might be captured, to be brought into Red River, one half of it to 
be deposited in the Custom House of that District, subject to the 
order of the Government, the other half to belong to the captors, and 
be equally divided between the officers and men. The force was to 
operate in any portion of the territory of Texas above the line of 
settlements and between the Rio del Norte and the boundary line of 
the United States, but would be careful not to infringe upon the ter- 
ritory of that Government. Captain Cooke about this time observed 
some twelve or fifteen men crossing from the north to the south side 
and proceeding to the Texian Camp. The land on the north side of 
the Arkansas River was confessedly in the territory of the United 
States. Captain Cooke states that he believed the ground on which 
the Texians were encamped was within the territory of the United 
States also; that the line, it is true, had not been run from Red 
River to the Arkansas, but that it was understood by all to strike 
the latter river at least fifteen miles above the point where they were, 
while some believed the line to be as high up as Chouteau Island, 
sixty or seventy miles above the Caches,* or seventy five or eighty 
miles above the Texian Camp. That he then disarmed the force, 
offering such as chose to go to the State of Missouri, an escort to 
Independence in that State, of which offer about fifty availed them- 

a See Gregg, Ommeree of the Prairies (ed. 1844), map f adiig p. 17. 



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246 AMERICAN HISTORICAL ASSOCIATION. 

selves; the residue prefering to return to Texas were furnished with 
ten rifles and with provissions, of which they said they stood very 
much in need. 

Captain Cooke justifies his conduct, on the grounds that he found 
this force within the territory of the United States, engaged in the 
attempt to interrupt the lawful trade between the United States and 
Mexico, and that he had the right to disarm, so as to take from them 
the power of molesting our own citizens and those of Mexico engaged 
in that trade; that he used no harshness, nor more force than was 
necessary to accomplish the object. 

Colonel Snively on the other hand alleges that he was on theTexian 
territory; that he was not fairly dealt with, and that he was deceived 
under a flag of truce to place himself in Captain Cooke's power; 
that being disarmed, he was exposed to danger and to the actual loss 
of some of his men in passing through the hostile bands of Indians 
on his return to Texas, in consequence of the want of those arms. 
It further appears from the diary of Captain Cooke, that the transac- 
tion took place in the 94th degree of west longitude, as ascertained 
by actual observations, on which he rehes. 

If the facts be as here stated, the conduct of Captain Cooke, 
although it may not have been proper or justifiable, was not such as 
to merit the severe reprobation which it has received. There is 
every reason to believe that the force of Colonel Snively was actually 
within the territory of the United States. It was the duty of Cap- 
tain Cooke to protect the traders, both Mexican and American, 
throughout the whole extent of our territory. The least that can 
be said of it is, that there was no proof, and no strong reason to 
believe that the place was within the territory of Texas. So long as 
the territorial jurisdiction was doubtful, both parties had an equal 
right to be there; and although the imcertainty of the jurisdiction 
might have justified the Texan forces in attacking an enemy's force 
foimd there, the same consideration made it the duty of Captain 
Cooke to extend his protection to the caravan committed to his 
charge. Each party acted upon its own responsibihty and was 
bound for all consequences. So far, therefore, as the mere question 
of territori&l jurisdiction is concerned, neither party can have any 
assured groimd of complaint, until the fact shall be ascertained. 
In the mean time it would seem to be enough that each Government 
should disclaim any intention to violate the territory of the other; 
and that disclaimer I now make, in the fullest manner, on the part 
of this Grovemment. 

The only question, then, which can now be decided, respects the 
manner [in] which Captain Cooke discharged the duty of protecting 
the caravan of traders. In disarming the force of Colonel Snively, 
he acted without specific instructions from this Grovemment, nor had 



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COftHESPONDEKCfi WITH O^HE UNITED BTATfiS. 247 

he, any instructions which would authorize him to violate any right 
of Texas or of her people. Neither will he be held justified in exe- 
cuting a lawful authority in a harsh or unbecoming manner. I am 
directed to give this assurance to you and through you to the gov- 
enmient of Texas, in the most explicit terms. It may turn out, 
that Captain Cooke has exceeded his authority, in offering any 
hindrance whatever to the forces of Colonel Snively, or that in the 
exercise of a legitimate authority, he has gone beyond the necessity 
of the case. So far as the disarming of Colonel Snively's force is 
concerned, the probability is that it will be so found. But in the 
present uncertain state of the facts, it seems to the President that 
the Grovemment of Texas can require nothing more than the imme- 
diate institution of the requisite inquiry with a view to ascertain the 
exact state of the case. Directions have accordingly been given to 
the Secretary of War to order forthwith a Court of Inquiry upon 
Captain Cooke, and to give to the inquiry as ample a range as pos- 
siblef The arms taken from the Texan troops will be restored or 
compensation made for them. And such further steps will be taken, 
upon the report of the Court of Inquiry as may seem to be necessary, 
in order to render full justice to Texas and her people. 

In regard to the letter of Brevet Major General Gaines to Brevet- 
Brigadier General Taylor, of which you complain, I have to say that 
it is not of an official character and has not been communicated to 
any department of this Government, by the writer of it. I desire 
to assure you, however, that this government does not claim the 
right to operate beyond its own limits in time of peace; nor to vio- 
late the territory of any other power, by marching an armed force 
into it. Hence it has no difficulty in disclaiming the doctrine on 
that subject attributed to General Gaines. 

. In conclusion, Sir, I beg leave to repeat to you the assurances 
heretofore given, that this government never meditated and will 
not sanction, any indignity towards the government of Texas, nor 
any wrong towards her people; and will readily and with pleasure 
repair any injury of either kind, which may be made to appear. 
Whatever backwardness may seem to have been shown, in attend- 
ing to the complaints of Texas is to be attributed to the extreme 
pressure of the indispensable calls of duty, and not to any disinclina- 
tion to render proj>er respect to the claims of that government. 

I avail myself of this occasion, Sir, to offer you renewed assurances 
of my high consideration 

(Signed) A. P. Upshub 

To The Honorable Isaac Van Zandt 

etc, etc, etc. 
Department of State, 

Washington, 16ih, January 1844. 



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248 AMERICAN HISTORICAL ASSOCIATION. 

Jones to Van Zandt. 

Department of State, 
Washington [Texas], Jan. S7ih ISU- 
Hon. Isaac Van Zandt, 

Charge d' Affaires of Texas, 

etc. etc. etc. 
Sm, 

I have the honor to acknowledge the receipt of your dispatch. No. 
112, under date of the 2d. Inst., which is the only one received from 
you, at this Department, since the departure from here of Mr. Ray- 
mond. 

It is not the desire of this Government that the claim for the two 
negroes of Mr. Robertson should be any further pressed by you, at 
present. The propriety of our right to demand the restoration of 
them by the Government of the U. States is at least questionable and 
until the owner of the Slaves shall have produced satisfactory evi- 
dence, in support of his claim, the further treatment of that subject 
may be discontinued. The complaints, however, in the cases of 
Mr. Bourland and Col. Snively are of a grave and important character, 
and it is conj&dently hoped the Government of the United States will 
award prompt satisfaction and reparation for these outrages, com- 
mitted, either by or xmder the sanction of its own officers. The set- 
tlement of these difficulties would, it is believed, have a tendency to 
promote the continuance of friendly relations, as well as to ensure suc- 
cess to any negotiations which may be imdertaken between the two 
countries. 

Should you be satisfied that the door wiU be opened by the Con- 
gress of the United States, for the Annexation of Texas to that coun- 
try in the maimer referred to, in my communication of the 13th. 
Ulto. or in any manner, which may seem to ensure certain success to 
the measure, you will in that case proceed, immediately, to open the 
negotiation of a treaty for the same. The instructions referred to 
you wiU therefore consider as revoked as well as the instructions on 
the same subject of the 6th July last. The principal points for dis- 
cussion will be the poUtical character in which she shall be admitted, 
the liquidation of her pubUc debt, and the disposition to be made of 
the public domain. In reference to the first of these, you wiU require, 
that on her admission into the Union a census of her population shall 
be immediately taken by the government of the United States, and in 
the event her niunbers should be sufficient to entitle her, agreeably 
to existing laws in that coimtry, to a representation in the general 
Congress She shall in that event become, at once, entitled to existence 
as a free and sovreign State of the United States, with all the rights, 
belonging to the other members of that confederax^y, and a guarantee 



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COBBESPONDENCE WITH THE UNITED STATES. 249 

for the enjoyment of all her domestic institutions. Otherwise she 
shall be admitted as a territory with similar guarantees and provisions 
for a state government, when she shall have the requisite population 

In relation to the public debt of Texas, amoimting, as it is supposed, 
to some twenty Millions of Dollars, including the unaudited claims of 
our citizens for services rendered, property furnished, and injuries 
sustained, during the war of the revolution, and for which this Gov- 
ernment is properly boimd to her citizens you will require that the 
same shall be assumed by the government of the United States, to be 
repaid to the creditors, within some fixed period, with interest not 
less than five per cent, or from time to time, so soon as the public lands 
of the Republic may be made available. It will also be necessary to 
require that in the event Texas shall be called upon to pay any por- 
tion of the public debt of Mexico, the responsibility of such payment 
shall rest upon the United States. 

In relation to the public domain of Texas, you will require that all 
claims to lands, in Texas, held by individuals or companies, for their 
own use and benefit, or for colonization shall be adjudicated and set- 
tled in the speediest manner possible, and those having legal and valid 
ones shall be entitled to receive patents to their quotas of land, and 
that all private rights to real estate, or otherwise, as they exist at the 
time of the admission of the Republic into the American Union, shall 
be, and remain inviolate. After the satisfaction of all just claims, 
the balance remaining of the public domain shall become the property 
of the United States. 

There are a great many points, of minor importance, which it would 
be necessary to provide for in a treaty of Annexation. In relation 
to these, instructions will be furnished you so soon as this government 
is advised of the fact, that the measure of annexation, is made certain 
to Texas by the action of the present Congress or Senate of the United 
States. In this event the President will also (should an appropriation 
be made for the purpose) accede to your request and send on a special 
Minister to act in conjunction with you in the arrangement of this 
important matter. In the mean time, you will ascertain the views of 
the government of the United States, so far as may be practicable, 
upon the various points submitted in this communication, and upon 
such others, connected with the subject, as may be likely to arise in 
the discussion and formation of a Treaty. 

A full power will be sent you to conclude a treaty, so soon as this 
department is advised by you of the proper action having been taken 
on this subject, by the executive and coordinate branches of the 
Govt, of the United States. 

In the event the treaty, for annexation, should not appear to have 
a fair prospect of success, you will urge upon the government of thp 
United States, in your intercourse with it, the active and efficient 



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250 AMERICAN HISTORICAL ASSOCIATIOK'. 

interposition of its influence, in putting an end to the war with 
Mexico, and thereby ensuring to the people of both countries the 
advantages, to be derived to them, from our National Unity and 
Independence. For the more certain attainment of this desirable 
object, it would be very acceptable to this government, could a treaty 
of alliance, offensive and defensive towards Mexico be formed with 
it, by that of the United States. You will therefore sound the 
Secretary of State of the United States on this subject, and inform 
him of our willingness to enter into some arrangement of the kind, 
and inform this Department of his views, in reference to the subject, 
at the earUest possible period. The declarations, made by the 
President of the United States, in his late Annual Message to Con- 
gress, and the position taken by him, as well as the principles avowed 
by the Secretary of State of the United States, and the Minister, Gren. 
Thompson, in their late correspondence with the authorities of 
Mexico, would appear to suggest the alliance, now proposed, as the 
most proper means of giving effect to those declarations and prin- 
ciples, with the view of promoting the interests the United States 
have in the establishment of our complete independence, as con- 
nected with the commercial advantages, to be obtained, for them, 
through such a measure, the safety of their domestic institutions, and 
the continuance of Union and harmony between the different mem- 
bers of their confederacy. No proposition for a treaty of alliance has 
yet been authorized to be made to any other government, but as our 
negotiations with Mexico may be abruptly terminated, it becomes the 
duty of this Government to be prepared for such an emergency. It 
is, therefore, of the utmost importance that the views of the United 
States, on this subject, should be immediately known, and communi- 
cated by you to this Department, in order that the President, in the 
event of an unfavorable answer, might take prompt action, in refer- 
ence to it, with some other government, whose friendly dispositions 
can be relied upon. 

Upon the most mature deliberation and consultation with the 
various tribes of Indians, including the Kioways and Commanches,' 
it has been concluded to hold a General Council with them, at the 
Tahuacana Creek, on the Brazos river about 25 miles above the falls,' 
in the month of April next, at which it would be desirable to have the 
attendance of Col. Butler, on the part of the United States. So 
many objections appeared to have arisen to the Treaty being held 
on Red River as originally proposed by you that the President agreed 
to change the place of holding it as above. You will make this 
arrangement known to the Gk)vt of the United States and request the 
attendance of their Commissioner etc., at the time and place specified. 
It is presumed this alteration will not be productive of any dissatis- 



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CORRESPONDENCE WITH THE UNITED STATES. 251 

faction to the Government of the U. States, or serious inconvenience 
to Col. Butler, while it is believed that by holding the Council on the 
Brazos, the tribes to be pacified will be removed as much as possible 
from all undue and adverse influences, which the cupidity and selfish- 
ness of Indians and others residing on and near Red River, might 
otherwise interpose, in endangering the success of the Treaty. 

« « ♦ « :|c « ntia 

I have the honor to be, with great respect 
Your obt servant 

(signed) Anson Jones 



Houston to Van Zandt.'' 



Brower to Van Zandt.*^ 



Houston to Murphy.^ 



Porter to Upshur.* 



Upshur to Van Zandt/ 



Jones to Murphy.^ 



Murphy to Jones.^ 



Jones to Murphy.* 



Murphy to Upshur.* 



« Here Is omitted a penic;raph relative to Van ^andt's salary and the expenses of the Legation. 

ft January 29, 1844. See Calendar of Correspondence with the United States in Part L 

e January 31, 1844 (extract). Bee Van Zandt to Jones, February 22, 1844. 

' February 3, 1844. See Correspondence with the United States in Part I. 

« February 3, 1844. Bee Van Zandt to Jones, February 22, 1844. 

/ February 6, 1844. See Van Zandt to Jones, February 22, 1844. 

# February 14, 1844. See Calendar of Correspcmdence with the United States hi Part I. 

* February 15, 1844. See Calendar of Correspondence with the United States in Part L 



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252 american historical association. 

Jones to Henderson. 

Department op State 
Washington [Texas] Feb. 15th 18U 
Sib 

It having been determined by His Excellency the President to 
accede to a proposition which has be-en made to this government by 
that of the United States to conclude a Treaty for the annexation of 
Texas to that country, and to enter into n^otiations for that pur- 
pose at the city of Washington he has appointed you Special Agent of 
this government to conduct, in conjimction with the Hon. I. Van 
Zandt our present Charg6 d'Affaires at that Court, those negotia- 
tions. You will receive herewith your Commission, also a letter 
accrediting you in this capacity, to the Secretary of State of the 
United States and a full power to conclude and sign with such per- 
son or persons as may be appointed and similarly accredited on the 
Part of the U States a Convention or Treaty in the premises.* 

Unavoidable circumstances prevent me at this time from giving you 
ample written instructions. Such however as may be deemed neces- 
sary will be prepared and sent to you at the City of Washington in a 
very few days. In the mean time, it is only requisite for me to say 
to you that the President places great reliance upon your skill judg- 
ment and intimate knowledge of the subject and the important 
interests of the country which are involved in it, and does not deem 
it proper therefore to confine your action within the limits which 
minutely special instructions impose and thereby to hazard the 
successful issue of your mission. You will proceed to the city of 
Washington with as Uttle delay as possible, and place yourself in 
communication with Mr. Van Zandt, from whom you will learn the 
present attitude of this matter at that Court After being received 
in your official and diplomatic capacity by the government of the 
United States, you will previous to entering into the negotiation, 
take measures to obtain from that government, as full a guarantee 
as possible to the requirements of this government, as contained in 
my letter to Gen. W S. Murphy Charg6 d Affaires of the U. S. under 
date of the 14th. Inst, a copy of which is herewith enclosed for your 
information as well as his answer and my reply thereto. So soon as 
you shall have reed satisfactory assurances on the main point in that 
letter, and which you wUl see has been refered by Gen. Murphy to 
his government for that purpose you will proceed to enter upon the 
negotiations for a treaty of Annexation between the two countries. 
Untill you shall receive the instructions refered to in the commence- 
ment of this despatch you will be governed by those heretofore given 
by this government to its Ministers on this subject. 

a No copies of these enclosures have been found. Henderson went to Washhigton City, reaching there 
some time before April 1. He was recalled by a letter bom Houston dated May 17, and he left Washlng- 
ton, Jtme 16. 



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CORRESPONDENCE WITH THE UNITED STATES. 253 

It is desireable that the greatest secrecy and dispatch should be 
observed in the conducting this very deUcate and important matter 
and that you should keep the government constantly advised of 
your progress and of every thing connected with the subject 
I have the honor to be 
very Respectfully 

Your obt Svt 

Anson Jones 
Genl J. PiNCKNEY Henderson 

Special Agent of the Republic of Texas 

etc etc etc etc 



Jones to Murphy. 

Department of State 
Washington [Texas] Feb. 16th 18U 
Sm 

I have the honor to acknowledge the receipt of your note addressed 
to this Department on the 1st December last upon the subject of an 
alledged murder of a Choctaw Indian named Daniel Wesley said to 
have been committed by a white man named George Albon at the 
Pine Bluffs. 

Upon the receipt of your note above refered to steps were imme- 
diately taken to have the cause of complaint investigated by this 
Government, with a view to inflicting proper punishment upon the 
individual charged with this outrage should it appear that he had 
been guilty of the same as well as for the purpose of preventing a 
repetition of such act on the part of any of our citizens as far as 
might be practicable, and I should sooner have answered your note 
and given you this assurance but was daily expecting your presence 
at the Seat of Government, an event which I regret the state of your 
health has untill now prevented. 

The existence of the traffic in spiritous liquors by our citizens 
with the Indians this Government most strongly deprecates and it 
will use its best endeavors at all times in conjunction with the United 
States in preventing it upon our conterminous borders. 

So soon as Mr. Albon can be arrested and brought to trial for the 
alledged offence the same will be done, and I beg leave to assure you 
that no proper efforts which this government can use will be omitted 
to cause this matter to be duly investigated and justice as well as 
prompt punishment to be inflicted upon him if found guilty 

I have the honor to be with sentiments of the highest considera- 
tion and respect 

Your most obedient faithful Servant 

(Signed) Anson Jones 

To Gen. W. S. Murphy 

Charge d^ Affaires of the U. S. • 

etc etc etc 



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254 american historical. association. 

Houston to Jackson.** 



Murphy to Tyler.* 



Raymond to Jones.* 



Murphy to Davis.* 



Van Zandt to Upshur.** 



Van Zandt to Upshur.* 



Van Zandt to Jones./ 
[Despatch No. 114.] 

Legation of Texas 

Washington D, C, 

February 22nd 1844 
Hon Anson Jones 

Secretary of State 
Sir, 

I have the honor to enclose you a copy of a communication 
addressed by me to Hon A. P. Upshur, Secretary of $tate of the 
United States in reply to his of the 29th. of December, last, and of 
the 16th ultimo upon the subject of the outrage committed by Captain 
Cooke under the sanction of Major General Gaines, copies of which I 
have heretofore forwarded to your department. I have given this 
subject every attention in my power, and from all that I have been 
enabled to discover it is my impression (although as you perceive I 
maintain the contrary to this Government) that the occurrence took 
place within the territory of the United States. I found in the 
Topographical oflSce, here, a map of the Santa Fe road, made from 
actual survey by order of this Government. That map shows that 
the territory where Major Snively was encamped was about or a short 
distance west of longitude 99®. What will be the result of the Court 

o February 16, 1844. See Calendar of CorrespondeDce with the United States In Part I. 
h February 17, 1844. See Calendar of Correspondence with the United States In Part L 
c Febmary 19, 1844. See Calendar of Correspondence with the United 8tat«s In Part I. 
d February 21, 1844 (as to Robertson's negroes). See Van Zandt to Jones. February 22, 1844. 
* February 21, 1844 (as to the Snively affair). See V«o Zandt to Jones, Febmary 22, 1844. 



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COBBESPONDENCE WITH THE UNITED STATES. 255 

of Inquiry of course can't be known beforehand, I have no doubt 
however that the whole transaction will be fully investigated. 

The President of the United States, from some cause, seems disposed 
(for the Secretary of State informed me that what he had said was 
altogether by His direction) to pass over if possible the letter of Gen- 
eral Gaines without exposing the orders which have been issued from 
the War Department concerning it. I think my reply will bring that 
matter out. As I stated to you on a former occasion I know the order 
of disapproval has been issued for I read the record in the War Depart- 
ment. After my communication to Mr. Upshur has been examined 
by His Excellency Genl. Houston, if any further steps be thought 
necessary I hope you will advise me as early as practicable. 

You will perceive that I have again urged the consideration of the 
complaint made in the case of the rescue of the goods from the 
Collector of Red River. A short time since in a conversation with the 
President I informed him we should require a full indemnification for 
the goods taken; he repUed, he thought we ought to bo satisfied with 
the payment of the duties if we could get that. I rejoined that we 
should expect the whole amount to be paid. I shall leave no means 
untried to get a decission of this matter as early as possible. The 
Secretary has so many engagements to attend to that it is difficult 
for him to devote much time to any particular subject. 

I also enclose you a copy of a note received by me from Mr. Upshur, 
with a letter from the Secretary of War communicating the decission 
of his Department in the case of Dr. Robertsons' negroes ; and also a 
copy of my reply. You will perceive that this long controversy has 
at length been terminated favorably. I had much difficulty with it, 
on account of the former decission made to my predecessor. Mr. 
Spencer fought against it throughout and contended for every inch 
of groimd. I deem it unnecessary to rehearse all the objections made, 
suffice it to say, they first denied the true state of the facts — ^next, the 
right to demand them under the treaty, and lastly denied the force of 
the treaty itself. AH of which I finally battled down and now have 
the satisfaction to give you the result. The negroes will be deUvered 
to Dr Robertson whenever he appUes to Gov Butler the Cherokee 
Agent. It would be well to inform him as early as possible that he 
may attend to it. 

I send you a copy of an extract of a letter from Mr. Brower on the 
subject of the proceedings of the Chamber of Commerce in regard to 
our treat3^ His effort, to secure the passage of certain resolutions 
and the adoption of a report upon the subject, it seems, has failed. 
He has since gotten up a petition on the subject which will be for- 
warded to the Senate. 

Aside from the general disposition not to agitate that matter again 
at this time, it cannot have escaped your attention that the last article 



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256 AMERICAN HISTORICAL ASSOCIATION. 

of the treaty itself says that the exchange of ratification shall take 
place within ten months, which period has sometime since expired. 
To renew the action on the treaty your Representative here will have 
necessarily to be furnished with full powers to do so, by an additional 
article. 

I sent you a few days ago a printed copy of the letter of Mr. Walker 
upon the subject of annexation, it has had a most powerful influence 
here and will have throughout the whole country. The question is 
evidently gaining friends, and great anxiety is manifested that a 
treaty should be made as early as possible. I regret to learn that a 
memorial upon annexation has been received here from all the mem- 
bers of our Congress, except four, who were reputed sick or absent. 
I have not seen the memorial or the names. The proceeding is cer- 
tainly a novel one. It is considered as having been gotten up because 
of their distrust of the Executive and has tended to confirm the many 
false rumours circulated against his reputation. The impression is, 
that all who signed the memorial show they have a want of confidence 
in the head of the nation, through whom diplomatic affairs are usually 
conducted, such certainly could not have been their design. But 
whatever it may have been, the step can add nothing to our advan- 
tage, or the elevation of that confidence so essential to every nation. 

With the highest 
sentiments of regard I have the 

honor to be 

Very Respectfully 

Your Obdt. Servt 

Isaac Van Zandt 



Extract of a letter from Mr. Brower Consul of Texas at New York to Mr. Van Zandt, dated January 

3l8t 1844. 

"As soon as I perceived that Mr. Slidell from the Come, of Com- 
merce, in the House of Repr. had reported a bill to admit Texian 
cotton into the U. S. free from duty, I procured an extra meeting of 
the Chamber of Comfaerce in order to take up my report on the table, 
which closes with a resolve to memorialize the U. S. Senate in favour 
of adopting, [or] rather ratifying, the Commercial Treaty negociated 
between Mr. Reily and Mr. Webster. 

The members of the Chamber of Conmierce hold diverse views in 
reference to ** ''free trade" and ''restrictive policy'' which from my 
first movement in this matter, gave me fears of opposition. I was 
opposed on three grounds. First, it was objected that any considera- 
tion was due to cotton from Texas in preference to other foreign 
cottons which might be imported into the United States. Second, 
the Chamber is operating by memorial to Congress for the establish- 
ment of a *' warehousing system'* whereby to favour importations 

a In quoting the two phrases that follow here, the copyist should, of course, have used sing^ poiiita. 

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COESESPONDENCE WITH THE UNITED STATES. 257 

into this country as a transitu market, and it was objected that this 
might miUtate against that project. Finally, it was doubted whether 
your treaty could be ratified by the U. S. Senate in good faith with 
treaty stipulations between the U. S. and other coimtries. To the 
first objection, I answered, that I esteemed this a project complete 
in itself, that the nature of our trade with Texas made it necessary, 
to the preservation of that trade, that the reciprocal principles of 
the Treaty should be adopted. That the U. S. would receive bene- 
fits, from those principles, large and fully commensurate to any they 
could concede to Texas. It was for the interest of the U. S. both in 
her commerce and manufactures that the Treaty should be ratified, 
and this could not be mistaken or fairly opposed, as shown by the 
details of the report under consideration. I had no objection, if 
gentlemen wished to throw open our ports to cotton of other countries, 
to go with them on all proper occasions and to every extent of fair 
reciprocity in trade, as it never had been my belief that the ^^restric- 
tive'' was the best commercial policy of the U. S. But I did object 
to tacking to this movement any other project, not digested and 
which, at any time might be of doubtful propriety. To the second 
objection, I answered, if it could be shown in what point the ware- 
house bill was to be, or could be, prejudiced by this recommendation, 
I might find excuse for not urging my position. As appeared to me, 
we had to look to men of Uberal views, in Congress, for the carrying 
of both objects — these objects had strong analogies, and those who 
favored the one would advocate the other, while therefore, this 
might aid the ware house bill, it could not in any respect impair its 
chances. I opposed the final objection, by saying, gentlemen cannot 
for a moment suppose Mr. Webster and Mr. Reily to have overlooked 
the first principle on which a contract is based, viz, the right of the 
parties to enter into it without violating faith with existing obliga- 
tions between themselves and other parties; this was assuming too 
much. For myself, I did not doubt the U. S. had the right to grant 
particular privileges to a nation, which, as a consideration, gave 
particular and ample advantages in return. But suppose the objec- 
tion well taken, our memorial could work no evil. If the U. S. 
Senate have their hands tied by preexisting treaties, they cannot 
ratify this. We do not ask them to violate faith, but to act only so 
far as they can conformibly to it. 

I confess to you, I saw no point or force in any of the objections 
raised, but rather a narrow and iUiberal principle operating to the 
prejudice of strict propriety. But the result was I lost my object 
by the casting vote of the President of the Chamber". 

True copy of extract 

Chas. H. Raymond 

Secty of Legation 
39728**~voL 2, pt 1—11 ^17 



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258 AMEBICAN HISTORICAL ASSOCIATION. 

[Next come copies of the following:^ Upshur to Van Zandt, 
February 6, 1844; Porter to Upshur, February 3, 1844; Van Zandt 
to Upshur, February 21, 1844 (two letters of tJbe same date).] 

(Mr. Van Zandt to Mr. Upshur) 

Lbgation of Texas 
Waahmgtm D. C. Feby ilai, 18U 
Sot 

In reply to my note of the 14th. of September, last concerning 
two negroes the property of Dr J. W. Robertson of Texas which 
were captured by the Indians and are now in the possession of James 
Edwards of the Cherokee nation, I have the honor to acknowledge 
the receipt of your note of the 6tli. instant, witli the accompanying 
copy of a letter of the Secretary of War of the 3rd. inst, communi- 
d^hig to the Department of State the deciseion of the War Depart- 
ment upon that subject, from which it appears that orders have bemi 
given to the Cherokee Agent to deliver up the boys in accordance 
with the 33rd. Article of the treaty of 1831. 

I shall hasten to communicate to my Govemmeat information of 
this determination, that the necessary steps may be taken to receive 
the negroes refered to from the Cherokee Agent. 

The proper decission of this long standing question will afford much 
satisfaction to the Qovemmeot of Texas. While it furnishes another 
evidence of the friendly disposition of the Govenmient of the United 
States, and of its deterooination to fulfill in good faith its treaty 
stipulations, it is at the same time calculated to exercise a most 
salutary influence upon the border tribes of Indians, who have 
heretofore committed their depredations upon the defenceless settlers 
of Texas, and fled to the United States where they have found a 
market for their captives and spoils. 

The Undersigned avails himself of this occasion to offer Mr. Upshur 
renewed assurances of his distinguished consideration. — 

(signed) 

IsAAo Van Zanikf 

Chargi d' Affaires 
qfTexas 
To the H<morahle A. P. UBSDim 

etc, etc, etc 



MUBFHT TO UpSHUB.* 



« See Calendar of Correspondence with the United States in Part I. 

» February 22, 1844. See Calendar of Correspondence with the United States in Part I. 



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ooebbspondence with the united states. 269 

Jones to Van Zandt. 

Department of State 
WasUngton [Texas] Feb, 2Ifth 18U 
To the Hon I Van Zandt 

Charge d^ Affaires etc etc etc 
Sm, 

I am in receipt of your despatches to the 20th. of January. 

Congress having passed a secret act and made an appropriation of 
Five thousand Dollars for the purpose of sending a special agent to 
Washington City to act in conjimction with you in negotiating a 
Treaty, for the Annexation of Texas to the United States of America, 
The President has been pleased to appoint J. Pinckney Henderson to 
that office. Gen Henderson left this place last week, with instruc- 
tions to proceed, without delay, to the city of Washington, to dis- 
charge the duties of his mission, accompanied by W. D. Miller, Esq. 
as Secretary to the secret Legation. A copy of the instructions given 
to (Jen. Henderson for the governance of both you and himself, and 
also of the correspondence between the State Department and (Jen. 
Murphy, Charg6 d' Affaires of the U States, on the subject of Annexa- 
tion as also a full power to you, in conjunction with the special agent, 
to conclude and sign a treaty in the premises, were forwarded you by 
Mr. Miller, who will probably be at Washington by the time this 
despatch is received. 

I have the honor to be with the highest respect 
Your Ob Svt 

(Signed) Anson Jones 



Jones to Henderson and Van Zandt. 

Deft op State 
Washington [Texas] Feb. 2Bth, 18U 
Gentlemen, 

The President having duly empowered you, under circumstances 
and considerations which have already been specified to open nego- 
tiations for a Treaty of Annexation with the United States of Amer- 
ica, you will proceed in conjunction in effecting a Treaty for the same, 
taking as the basis of your action the instructions given by the Sec- 
retary of State, the Hon. S. F. Austin, to our Minister at Washington 
in 1836,** and those furnished to you respectively by myself on the 
27th of January Ulto. and 15th. of Feb. Inst. 

« Novexnbor 18. Se» oorreepondenoe with the United States, Part 1, 136-140. 



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260 AMERICAN HISTORICAL ASSOCIATION. 

These instructions are deemed sufficiently ample for your direction 
and upon mature reflection more minute ones are deemed unneces- 
sary. The President relies upon your intimate knowledge of the 
interests of this country and the wishes of its government to meet 
any point which may arise in the discussion of the subject with the 
authorities of the United States, and not embraced in the instruc- 
tions already given as above refered to. There are two points how- 
ever not embraced in those instructions to which your attention will 
be directed 

The first is, The number of States, into which the territory of Texas 
shall be subdivided It is presumable that in the settlements 
already made there is a sufficient population to constitute one State, 
accorcUng to the requirements of the Federal Constitution and that 
the remaining territory of the RepubUc is sufficiently large to con- 
stitute three more at a future period. You will therefore provide in 
the Treaty for the ultimate creation of at least four States, and for 
their admission into the Union, so soon as the population of the 
respective territories of which they are to be composed shall be suffi- 
cient for that purpose, — and in the mean time that territorial gov- 
ernments shall be established and maintained as circumstances and 
the wants of the people residing in those Umits respectively may 
render proper and necessary 

The second point is the disposition of the Navy of Texas In rela- 
tion to this you will provide that all the national vessels shall become 
the property of the United States and that its government shall pay 
to the builders of the vessels the price of the same agreeably to con- 
tract with a reasonable interest on the amount. 

The limits of Texas being defined by act of Congress, you will be 
governed by that act in specifying its boundaries. 
I have the honor to be 

with the highest respect 
Your obt Svt 

Signed Anson Jones 

To Messors J. Pinckney Henderson 

and Isaac Van Zandt Esquires 



Van ZAinxr to Jones.* 



Allen to WALXEBr'' 



« February 27, 1844. See Calendar of Correspondence with the United States In Part I. 
h ICarch 1 , 1844. See Calendar of Correspondence with the United States in Part I. 



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cobbbspondence with the united states. 261 

Van Zandt to Jones « 

Dispatch No. 115. 

Legation op Texas 

Washington D. 0, 

March Sih. 1844 
Hon Anson Jones 

Secretary of State 
Sm 

Your dispatch of the 27th of January, last, has been received and 
its contents noted. Intelligence will have reached you in advance 
of this of the deaths of Mr. Upshur, Secretary of State, and of Mr. 
Gilmer Secretary of the Navy. This lamentable dispensation of 
Providence has cast an imusual gloom over all. The loss of two such 
distinguished men at this great crisis must be severely felt — Felt not 
only by this coimtry; but our own. Both were ardent and devoted 
friends of our cause — ^ready and willing to do every thing consistent 
with the high principles of honor and patriotism, that might be 
calculated to advance our interest and promote our welfare. For 
some days previous to Mr. Upshur's death we had been engaged in 
discussing the terms of a treaty of annexation and had agreed upon 
all the main points, subject, however, to any changes which might be 
made necessary upon the receipt of further instructions from your 
Department. I had given to him for examination an outline of the 
points which would be required to be included; and he had sub- 
mitted to me a similar draft, in his own handwriting, embracing his 
views, which corresponded fully with my own in every main particu- 
lar. In this situation I was awaiting a reply to my last commimica- 
tion on this subject. Had instructions arrived to authorize me to 
consumate it, the treaty could have been concluded in half a day. 
Who may be called to the State Department is yet uncertain. I fear 
it will not again be so well filled. So far as the question of annexation 
is concerned I feel well assured no one will be appointed who will be 
so well suited to carry out the measure as Judge Upshur was. He 
had fully investigated it in all its bearings and knew the opinions, 
the prejudices, and inclinations of the Senate in regard to it. His 
great strength of intellect, his indomitable energy, nerve and decission 
of character combined with an amiable disposition that secured the 
love and respect of all parties, fitted him beyond any other man for 
this great task. 

In compliance with your last instructions I indicated to Mr. Upshur 
the desire of our Grovemment to conclude a treaty of alliance in the 
event that no assurance was given by Congress or the Senate before 

aL.S. 



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262 AMBBICAN HISTORICAL ASSOCIATIOlSr. 

hand that a treaty of annexation would be ratified. He replied that 
such a treaty could not be concluded, that it would be against the 
long settled and established policy of the United States, and that 
the only way in which this Government under present circumstances 
could become a party vnth us was by annexation, which he had pro- 
posed through the constitutional channel of the treaty making power. 
If the object contemplated by you is really to conclude a treaty of 
alliance with the President of the United States after declining to 
accept his proposition of annexation, I am at a loss to determine 
the reason of the choice of this policy. To conclude a treaty of 
alliance with the United States would give as great offence to Great 
Britain and France as a treaty of annexation, and such a treaty would 
certainly stand a less chance of ratification in the Senate of the United 
States, for it would involve this Government in all the responsi- 
bilities which annexation would, and yet secure to it none of its great 
advantages. 

Although in your instructions to me you say it is not the desire of 
our Government that the claim for thd two negroes of Dr. Robertson 
should be any further pressed by me at present, yet I have no doubt 
you will be satisfied to learn that contrary to your expectations I 
have succeeded in obtaining an order for their delivery, the particular 
circmnstances attending which are detailed in my last dispatch. 

Since writing the foregoing this morning, I have had an interview 
with the President. He informed me that on yesterday he received 
a dispatch from Genl. Murphy in which it was stated that Genl. 
Henderson had been appointed to act with me in the formation of a 
treaty of annexation, who would bring with him full powers for that 
purpose. The President stated he was very desirous to have the 
treaty concluded at once and by Mr. Nelson the Attorney General, 
who is Secretary of State adinterim, that he prefered he should do it 
instead of the gentlemen to whom he intended to offer the permanent 
appointment, and that as Mr. Upshur and myself had already com- 
menced the treaty he hoped I would proceed at once to arrange the 
matter with Mr. Nelson so that the treaty might be ready to be 
signed by General Henderson upon his arrival should it meet his 
conciurence. Having received your instructions upon the principal 
points to be embraced in the treaty and having already taken some 
steps in the matter, and believing that every delay should be avoided, 
I shall proceed to the discussion with Mr. Nelson in order that it may 
be concluded at the earliest day possible after the arrival of Genl. 
Henderson 

With the highest 
regard I have the honor to be 
Most Respectfully 

Your Obdt. Servt. 

IsAAG Van Zantt 



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coemspondencb with the united states. 268 

Jokes to Tayloe.** 



Nelson to MuB^mr.* 



Jackson to 



Van Zandt to Jones.« 

Dispatch No. 116. 

Legation op Texas 

Washington D. C, 

March 20th 18U 
Hon Anson Jones etc etc etc 

Sm Near three weeks ago Despatches were received by this Gov- 
ernment from Genl. Murphy stating that my despatches resubmiting 
the question of annexation to our Government had been received by 
you and my recommendations adopted by the President. 

On the 9th Inst Capt Tod returned here but brought me not a 
single line from- your Department nor up to the present moment have 
I any communication in reply to mine before alluded to. Letters have 
been received in Baltimore from Houston and published more than 
a week ago stating that Genl Henderson had been appointed a special 
minister and Plen. and En. Exy. to conclude a treaty of annexation 
with other particulars of an alledged secret act of Congress etc This 
information has aroused the whole opposition and who now daily 
pour forth the vials of its wrath upon the contemplated treaty Why 
all these matters should be communicated to Genl Murphy and 
otherwise made public in Texas and to be heralded throughout this 
country by the newspapers and yet I receive no information from 
your Department concerning it, is most remarkable. 

On the 19th ultimo Genl Henderscm wrote me hastily from Gal- 
veston that he was coming but did not mention the particulars. I 
have not heard of or from him since that time 

The delay which has attended the action on this matter has had an 
injurious tendency. Our friends here, in New York and else where 
urge the importance of an early action if an action is contemplated 
at aU, In a letter I received from Mr Brower last night he laments 
the delay which has occured and fears its consequences, but concludes 
by saying he ''doubts not" '4t were well done if done quickly" 

Four of the New York papers are out in favor of annexation, viz. 
The ''Herald" "The RepubUc" The "Courier and Enquirer" and the 

o March 11, 1844. See Van Zandt to Jones, August 16, 1844. 

b March 11, 1844. See Calendar of Correspondenoe with the United States in Part I. 

eL.S. 



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264 AMERICAN HISTORICAL. ASSOCIATION. 

Journal of Commerce. Mr. Winthrop of Massachusetts asked to 
have suspended the rules to enable hun to offer a resolution in the 
House of Representatives against the annexation of Texas which was 
refused Ays 40 Nays 122 which is considered a test vote. 

Mr Calhoun accepts the appointment of Sec of State, and will be 
here in a day or two. 

I await with great anxiety the arrival of Genl Henderson which it 
is to be hoped will be soon. 
Very Respectfully 
Yours 

I. Van Zandt 

Van Zandt to Jones." 
No 117 

Legation op Texas 

Washington D C 
March 22nd 18U 
Hon Anson Jones 

etc etc etc 
Dear Sir 

I have just received your two communications of the 24th and 25th 
ultimo. 

Since the date of my last letter nothing of importance has tran- 
spired in relation to our affairs. Genl Henderson has not yet arrived, 
nor have I received any information from him. On yesterday 1 
received a letter from Mr W D Miller dated at Nashville on the 10th 
Inst. He expected to proceed the next day to Genl Jacksons where he 
would remain a few days and then continue his journey to this place. 
Most respectfully 
Yours 

I. Van Zandt 

P. S. I have appended a paragraph from a New York paper which 
may be of interest to you'' 

Van Zandt to Jones.* 
Dispatch No. 118 

Legation op Texas 

Washington Z?. C. 

March 26, 18U 
Hon Anson Jones 

Secretary ofStaie 
Sir: 

Mr. W. D. Miller reached here at 9 oclock last night from whom I 
have received your additional instructions upon the subject of annexa- 

aA. L. S. 

b The clipping— or tninscript— is not now with the letter. 

«L.S. 



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COEBESPONDENCE WITH THE UNITED STATES. '265 

tion together with the proper full power to act in the matter. I have 
fully discussed with the Secretary of State all the points, of the treaty, 
embraced in your instructions, and they have all been satisfactorily 
arranged ready to be submitted to Grenl. Henderson for his joint 
approval whenever he comes. I regret much his delay and begin to 
fear that some accident has befallen him. Mr. Miller waited three 
days and a half for him at Louisville, and left without hearing a word 
from him. 

A great effort is making to lay the treaty over if it is made, and if 
the action is much longer delayed the effort will succeed I fear. 

The substance of the whole negotiation has by some means become 
public, Grenl. Henderson's appointment, secret act of Congress and 
all. Letters are daily coming to persons here from Texas, the writers 
of which seem to understand the whole matter. Whom we should 
blame for this, is difficult to tell. Let it be whom it may it is never- 
theless a matter of infinite regret. 
Most respectfully 

Your Obdt Servt 

Isaac Van Zandt 

Jones to Van Zandt. 

Depabtment op State 
Washington [Texas,] March S6ih I844 
Hon. I. Van Zandt 

Charge d'affaires of the Rep of Texas 

etc etc etc 
Sm, 

Your despatches of the 22d Ulto. and 5th. Inst, have been received 
as also a private letter of the 27th Ulto. annoimcing to [the] dread- 
ful calamity on board the Princeton, the death of the Secretaries 
Ups[h]ur and Gilmer and others 

Your despatches are entirely satisfactory and the course you have 
pursued in the matters committed to your charge is fully approved 
by the President. The dispositions evinced by the United States 
government to render us justice for the wrongs committed by her 
officers and citizens are very gratifying and I confidently trust will 
lead to a satisfactory adjustment of the complaints made to it by 
this government. 

♦ ♦♦♦♦♦ 4ca 

Enclosed herewith I send you a copy of a proposed Armistice which 
has been signed by our Commissioners at Sabinas.*^ These were to 
have left Matamoros early in the present month for this place and 
are now daily expected here. The terms, of this agreement are by 
no means favorable or satisfactory to this government, and appear to 



a Here Is omitted a paragraph relative to Van Zandt's salary. 

^ See Nelll to Jones, March 10, 1844, in Correspondence with Mexico. 



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266 AMEBICAN HISTORICAL ASSOCIATION. 

indicate that the Mexican government are determined not to recog- 
nize the independence of Texas I presume the apprehension of the 
annexation of this country to the U. States and the recent movements 
on this subject has had its influence with the authorities of Mexico 
in determining its present course. The President will scarcely deem 
it proper to send Commissioners to the City of Mexico, and indeed the 
time allowed them to arrive there and conclude their negotiations 
(1st of May next) renders the matter almost absolutely impracticable. 

Enclosed herewith I also send you a letter just received from Capt. 
Charles Elliot H. B. Majestys Chargfi d* Affaires to this government 
asking certain explanations of this government on the subject of 
Gen. Henderson's Mission, and the annexation of Texas to the 
U States with my reply thereto.** 

All the above documents are forwarded for the information of 
yourself and Gen. Henderson and for such use as you both may think 
proper to make of the same, in connexion with your negotiations for 
a treaty of annexation, the successful accomplishment of which has 
now become more desireable and necessary to the welfare of Texas 
than ever. And in connection with this subject the President directs 
me to say to you and Gen. Henderson if you are unable to conclude 
a Treaty for Annexation within the limits of the instructions already 
given by this Department you and he are in that case vested with 
discretionary powers to conclude^ said Treaty upon the best terms 
possible to be attained if in your good judgments those terms are 
admissible and to bring your negotiations on this subject to a conclu- 
sion with all convenient despatch. 

Your will please keep Mr. A. Smith our charg6 to France and Eng- 
land advised of the progress of your negotiations. 
I have to the honor to remain 
with the highest respect 

Your Most obedient Svt. 

(signed) Anson Jonbs 



Henderson to Jones.^ 



Van Zandt to Calhoun.* 



Taylor to the Adjutant General of the Army [Jones].** 

a See correspondence with Great Britain. The date of Elliot's is March 22, 1844, and that of the reply, 
March 25, 1844. 
b March 30, 1S44. See Calendar of Correspondence with the United States ta Psrt L 
c April 1, 1844. Van Zandt and Henderson to Jones, April 12, 1844. 
d April 2, 1844. See Van Zandt to Jones, August 16, 1844. 



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cx)eetbbpondbnce with the united states. 267 

Murphy to Jones." 



Jones to Van Zandt. 

Depaetment op State 
WasUrigton \ Texas] April 6ih 18U 
To the Hon. I. Van Zandt 

Charge d'affaires of Texas 

^ etc etc 
Sm, 

I have the honor to acknowledge the receipt of your despatch 
(No 116) under date of the 20th. Ulto. The despatches from this 
department in answer to those from you duplicates of which were 
brought by Capt Tod, were forwarded by Gen Henderson and others 
by Mr. W D. Miller, the first named gentlemen having left here 
previous to the arrival of Capt. Tod, and the latter starting in com- 
pany with him. The President having informed me that he had 
addressed you a private communication by Capt. Tod, and knowing 
no definite and conclusive action could be had by you in reference 
to the Treaty of annexation imtill the arrival of Gen. Henderson, 
and also believing that he would be with you as soon as Capt. Tod, 
I did not think it necessary to forward any despatches or duplicates 
by that Gentleman. I regret the delay of Messrs Henderson and 
Miller, (but presume it to have been in consequence of causes over 
which they had no control,) and also the State of impleasant sus- 
pense in which you have been kept in consequence of the non-recep- 
tion of my dispatches. Long before this I trust Gen. Henderson 
with Mr. Miller will have arrived at Washington, from whom as well 
as from the docimients they bore, you will have recieved such infor- 
mation as will no doubt satisfy you the Department has had no 
intention to neglect the interesting matter in which Texas and the 
United States are now engaged or anything which might ensure its 
prompt and favorable issue 

I should have written you much more at length on the occasion 
of the departure of Gen. Henderson Mr Miller and by Capt. Tod, but 
deemed it imnecessary, as the information which those (jentlemen 
could give you I presumed would be more satisfactory and more 
full than any communication which I had time to write. 

The appointment of Gen. Henderson the objects of his Mission, 
and the secret act of C!ongress in relation to the subject of annexa- 
tion, have never "been made public in Texas'' (as you appear to 
think is the case) by the authority of this (Jovemment, or com- 
municated except to those the performance of whose duties required 
they should have the information. Gen. Murphy was one in this 

a April 4, 1844. See Calendar of Correspondenoe with the United States in Part I. 



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268 AMERICAN HISTORICAL ASSOCIATION. 

situation. The various statements in newspapers and the aver- 
ments of letter writers to which you allude have been wholly gra- 
tuitous and unauthorized by this Department, and although I may 
very much deplore the ill consequences which such publications and 
statements may have, they appear to be evils inseperable from the 
perfect freedom of our institutions. At least this Department 
cannot willingly be made responsible for such things. The "vials 
of the opposition" in the United States are full of wrath I presume, 
and that they will "pour them out" in good time is very probable 
and equally so whether my despatches reach you in due time or are 
delayed on the road from some casual or unavoidable circumstance 
My last despatches to you were of the dates of the 25th Feb. and 
26th. Ulto. the former containing the final instructions to yourself 
and Gen Henderson in reference to the Treaty of annexation; the 
latter transmitting you a copy of the Armistice concluded at Sabinas, 
and of certain correspondence between this Department and Capt C. 
Elliot H. B Ms Chargfi d'Aflfaires, and also vesting yourself and Gen 
Henderson with discretionary powers to conclude the Treaty for 
Annexation, upon the most favorable terms practicable, provided 
in your good judgements those terms were admissible etc. etc. Since 
the date of this last despatch nothing of pubUc interest has occurred 
at this place and no further instructions at present are deemed 
necessary 

I have the honor to be 

with the highest respect 
Your ob svt 

(Signed) Anson Jones 



Houston to Jones.** 



Calhoun to Van Zandt and Henderson.* 



Jones to Van Zandt. 

Department of State 
Washington [Texas y] April 12th. 1844 
Hon. Isaac Van Zandt 

Charge d' Affaires of the Republic of Texas 

etc etc etc 
Sm, 

I have the honor to enclose herewith for the information of your- 
self and Gen. Henderson a copy of a despatch just received at this 

a April 6, 1844. See Calendar of Correspondenoe with the United States in Part I. 
» April 11, 1844. See Van Zandt and Henderson to Jones, April 12, 1844. 



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COBBESPONDENCB WITH THE UNITED STATES. 269 

Department from Capt. Charles Elliot H. B. Majesty's Charg6 
d' Affaires near this Government in reply to one addressed him by 
me on the 25th. Ulto. a copy of which had already been sent you." 
I have not yet replied to this communication, but so soon as the Presi- 
dent who is now absent returns will do so,' when I will forward you 
a copy of the reply. 

The last communication from you was of the date of March 20th. 
I am anxiously waiting to hear of Gen. Henderson's arrival, at 
Washington City and what progress has been made with the Treaty 
for annexation. 

I have the honor to be 
with great respect 

Your most obt. Svt 

Anson Jones. 



Van Zandt and Henderson to Jones.* 

despatch No. 119.] 

Texian Legation, 
WashiTt^gUm City, April l£th, 1844. 
To the Hon. Anson Jones, 
Sib, 

We have the honor herewith to transmit to you, a copy of the 
treaty which we have this day signed, with Mr. Calhoun, the Secre- 
tary of State of the United States.*' We do this hastily, as this 
Government will, on Sunday, despatch an express to Texas to con- 
vey this and other important intelligence to our Government. 

The treaty we have agreed upon, you will readily see, is not pre- 
cisely such an one as we expected to make or had a right to wish. 
But, after consulting the wishes and views of all parties concerned, 
we agred to it as the best we could frame with the prospect of its 
ratification by the Senate of the United States. Had we been left 
to consult the wishes and disposition of the President and Cabinet 
of the United States, we could and would have concluded a treaty 
much more favorable to Texas than the one we have signed. But 
such was not the case. We have been compelled to consult the 
views and wishes of the two great leading parties in the United 
States — avoiding on the one hand the very liberal terms which the 
Southern politicians would have been willing to grant us and the 
restrictions which the North would wish to impose. 

a ElUot'8 letter Is dated April 3, 1844, and relates to the proposed armistice with Mezioo. For both see 
Correspondenoe with Great Britain. 

»L.8. 

« SeeU. 8. Pab. Docs., 444, Doc. 271, pp. 5-8; NiUa' RegUUr, LXVI., 149; New York Evening Pott fat 
AprU 2e, 1844; TeUgmpk and Texaa RegitUr for Hay 15, 1844. 



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270 AMERICAN HISTORICAL ASSOCIATION. 

Texas has in this case consulted, through her agents here, as far 
as she could understand and reconcile them, the wishes of all parties 
in the United States. Upon examination, reflection and consulta- 
tion, we concluded that the best mode of our admission was as a 
Territory. Consequently; we did not hesitate to agree to come 
into the United States in that way. By the terms of the treaty, 
you will see that we have the right to claim the preservation of all 
of our property as secured by our domestic institutions as well as 
to claim admission into the Union as a state or states, under the 
provisions of the Federal constitution of the United States 

We have felt ourselves obliged to avoid any allusion, directly, 
either to slavery or boundary, leaving the one to the future nego- 
tiations of this Government, and the other to be governed by that 
clause of the treaty which secures to us the right of property, etc., 
which we imderstand to include our right to slaves, as the consti- 
tution of the United States recognizes that species of property. 
Indeed, we have, as nearly as we could, followed the language of the 
treaties ceding Louisiana and Florida to the United States, in order 
that those precedents might be referred to, to justify the language 
used in the present treaty. The manner in which our present debt 
is to be paid, too, did not entirely meet our sanction; especially as 
there is no distinction made by the treaty between debts due to 
speculators and the debts due to our own citizens, for civil, military 
and naval service, or to persons who generously furnished money 
and supplies for our army and navy when we most needed them. 
But it was deemed best to accede to the terms agreed upon, in 
order to obviate objections. The only inquiry with us was: What 
will the Senate of the United States agree to? and not, What can 
we get from the Executive of the United States ? We very much 
wished to have this Government pay the dues to our army, navy, 
civil oflBcers, etc., but we feared the consequences of such a provi- 
sion; and therefore we agreed to the terms inserted in the treaty 
on that subject. The additional excuse is, that our people will be 
in a great degree repaid by the additional security given to them 
by the contemplated annexation. 

We fear, too, that the President expected us to make better pro- 
visions for Texas on the subject of public schools, internal improve- 
ments, etc., etc; but we are sure that he would have been well satisfied 
of the impropriety of inserting any better terms, had he been present 
here. 

You will herewith receive the reply of Mr. Calhoun, made at our 
request to a note addressed by your undersigned representative, 
I. Van Zandt, to Judge Upshur, upon the subject of the assiu*ance of 
protection to Texas by the United States, during the pendency of the 



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COKBESPONDENCB WITH THE UNITED STATES. 271 

treaty negotiations. We have no doubt that the President of the 
United States will act on this subject in a way that will fully meet 
the views and wishes of the President of Texas. We have strong 
a^ssurances of this. The main body of the army designed for the 
protection of Texas, we have agreed, shall be concentrated and 
stationed at Fort Jesup. Those already at Fort Towson, New Orleans, 
and other places, near Texas, will remain where they now are; and 
it is imderstood and agreed that the President of Texas shall at once 
open communications with the commanding officers at each station, 
so as to give them the earliest possible news of any hostile demonstra- 
tions on the part of Mexico. The Secretary of State of the United 
States will superintend the issuance of orders to the different officers in 
command at the several stations above alluded to; which instructions 
we are assured will be such as to meet the wishes of our Government 
fuUy.^ . 

As it is not certain that the Senate of the United States will ratify 
the treaty which we have signed, the President of the United States 
assured us, before we agreed to sign and submit it, that he would, 
immediately upon its rejection by that body, should it be so disposed 
of, send to both Houses of Congress a message, recommendiog to them, 
in the strongest terms, the passage of a law annexing Texas os a state, 
xmder that provision of the constitution of this Government, which 
authorizes Congress to admit new states into the Union. The history 
of the debates and proceedings of the convention which framed that 
constitution prove beyond doubt that Congress has such power. 
And it is confidently believed by the friends of Texas in the Congress 
of the United States, that such a law can be passed. It was imder 
this view of the case that we agreed to frame the treaty and submit 
it to the Senate of the United States, imder such doubful chances for 
its ratification by that body, believing that this course will be fully 
approved by the President of Texas. 

You will observe that we have fixed the tkne iu which the exchange 
of the ratification of the treaty is to be made, at six months, which 
will render it necessary for the Senate of the United States to act 
definitely on it during the pres^it session of Congress, and not leave 
them at liberty to delay that action until next winter, which many of 
the Senators wish to do, and probably would do, if the time given by 
the treaty permitted it. We would respectfully suggest to you and 
through you to the President, the propriety of delaying any action on 
the part of our Senate, imtil after the treaty shall have been ratified 
on the part of the Senate of the United State, as there is some doubt 
of its ratification here. 

The assurance has been given to us by Mr. Calhoim, verbally, 
which we reduced to writing in his presence and by his consent and 



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272 AMERICAN HISTORICAL ASSOCIATION. 

then read them [sic] over to him. They are as follows, to'witl 
A powerful naval force, to consist of ten or twelve vessels, will be 
ordered to the gulf of Mexico, the commander of which, Capt. Conner,^ 
will, upon any serious demonstration being made by water by Mexico 
against Texas, inform the Mexican commander that any attack upon 
Texas will be considered as a hostile act, and the Executive will feel 
himself bound to use every means to repel it — that the old division 
as established by Mr. Calhoun as Secretary of War, extending from 
Florida Point to the Southern extremity of Lake Michigan, has been 
restored, and (Jen. Gaines been put in command of the Western Divi- 
sion and ordered to take up his head quarters at Fort Jesup, who will 
receive similar orders as to any demonstration by land, to those given 
to the naval commander as to a demonstration by sea, and that he and 
the Chargfi d'Aflfaires will keep up an active correspondence with the 
President of Texas ; and if they should receive any communication from 
him, which he conceives threatens any serious intention upon the 
part of Mexico to invade Texas by land, they or either of them shall 
forthwith despatch the same to Washington City, by express — that 
the President will in that event send a message to Congress, informing 
them of the fact, and request Congress to adopt, as speedly as possible, 
such measures as may be necessary for the defence of Texas; and if 
the emergency should require it, to say in his message that he would in 
the meantime consider it his duty to defend Texas against aggression, 
and will accordingly do so. 

In addition to the above, we received the accompanying answer 
from Mr. Calhoun to the communication above alluded to; which is 
communicated confidentially. 

Mr. Calhoun expressed to us the wish of the President of the United 
States, that we should inform the President of Texas that it is his 
desire that Texas shall herself repel any light attempt on the part of 
Mexico to make war upon her frontier, and not call on the United 
States to render the promised aid unless the demonstration made by 
Mexico should be such as Texas could not easily repel. This we 
promised to do, and at the same time assured Mr. Calhoun, that the 
wishes of the President of the United States would be complied with 
by the President of Texas. 

Much more passed between Mr. Calhoim and ourselves on this sub- 
ject, calculated to assure us that everything would be done hy the 
United States to protect Texas from the aggressions of Mexico, but 
which we cannot now mention. 

Gen. Gaines will soon be at Fort Jesup, ready to receive any intel- 
ligence which the President of Texas may have to communicate in 
regard to the movements of Mexico, and to move into Texas at any 



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C50BBESPONDBNCB WITH THE UNITED STATES. 273 

time, by the permission of the President of Texas, when it may be 
deemed advisable. 

We have the honor to be 
your obt. servts., 

IsAAO Van Zandt 
JPiNCKNEY Henderson 
P. S. 

That portion of the foregoing despatch which is obliterated was 
done by the request of Mr Calhoun upon the same being read to 
him by us.<* 

I. V. Z. 
J. P. H. 

[Next come copies of the following: Van Zandt to Calhoim, April 
1, 1844, asking an interview to present the credentials of Special 
Agent Henderson, who has been sent to cooperate with Van Zandt 
in negotiating for annexation; Van Zandt to Upshur, January 17, 
1844;* Calhoun to Van Zandt and Henderson, April 11, 1844.] 



Murphy to Jones.*= 



Murphy to Secretary of State [Calhoun] .<* 



Houston to Jones .*^ 



Van Zandt and Henderson to Calhoun .« 



Houston to Henderson and Van Zandt/ 

[The fragment of this letter omitted in printing it is as follows:] 

A diplomatic agent may eat and sleep enough for health, and 

may drink generously with the Diplomatic Agents of other countries, 

a The part marked out is the first part of the paragraph following that which ends with the words "its 
ratification here." It runs as follows: 

"Since writing the above we have had an interview with Mr. Calhoun, at his request, during which 
he informed us that the President of the United States had directed him to make a more full verbal assurance 
In regard to the required protection that his Govenunent would grant to Texas the protection required 
than he would like to make in writing; and as the reasons he assigned were satisfactory, we concurred in 
his views in that regard. In addition to the foregoing the assurance has been given, " etc. 

» For this letter and the next, see Calendar of Correspondence with the United States in Part I. 

c April 12, 1844. See Calendar of Conespondence with the United States in Part I. 

d April 14, 1844. See Calendar of Conespondence with the United SUtes in Part I. 

c April 15, 1844. See Calendar of Correspondence with the United States in Part I. 

/ April 16, 1844. See Calendar of Correspondence with the United Staitee in Part I. A tmosoript is in 
the Records of Department of ^tate (Texas), Book 44, pp. 20^-308. 

39728^— VOL 2, pt 1—11 ^18 



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^74 AMEBIGAK HISTOBICAL ASSOCIATION. 

provided, he can induce them to take two glasses to his one. Men 
are fond to be thought knowing, as well as wise, and when listened 
to with attention, frequently impart knowledge. You can instruct 
much, by the course intimated. 



AOBEEMENT OP DaSHIELL WITH EdDY AND MoSS.** 



Murphy to Jones.* 



Houston to Jones. <^ 



CoBfPLAiNT OP Eddy and others against the Collector at 
Sabine Pass [Dashiell.]^ 



Proceedinos op Court of Inquiry in Case of Cooke.« 



WiLKiNS TO Calhoun.-^ 



Raymond to Jones. ^ 



Peyton to Cuoullu.* 



CucuLLU to Spencer.* 



Houston to Van Zandt and Henderson.' 

Houston ^9th. April 1844- 
To Hon. Isaac Van 2iANDT 

and Genl. J. P. Henderson 
Gentlemen, 

Last night I received the Treaty by Express, and the despatches 
accompanying it. They were all perused with intense solicitude. I 

a April 17, 1844. See Donelson to Jones, December 2, 1844. 

h April 17, 1844. See Calendar of Coirespondenoe with the United States in Part I. 

c April 20, 1844. See Calendar of Correspondence with the United States in Part I. 

' April 23, 1844. See Donelson to Jones, December 2, 1844. 

« April 24, 1844 (extract). See Van Zandt to Jones, August 16, 1844. 

/ April 24, 1844. See Van Zandt to Jones, August 16, 1844. 

9 April 24, 1844. See Calendar of Correspondence with the United States in Part I. 

A April 26, 1844. See Donelson to Jones, December 2, 1844. 

i See Records of Department of State (Texas), Book 44, p. 208. 



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C50BBESPONDBNCB WITH THE UNITED STATES. 275 

read the note of Mr. Van Zandt to Mr. Upshur, dated January * last, 
and the reply of Mr. Calhoun to that note. * It does not embrace the 
guarantee as fully as was contemplated. If annexation should fail 
for a want of action on the part of the U. S., we are without any 
security against the consequences which may result to Texas, in 
consequence of opening negotiations upon the subject of annexation. 
Their obligations continue during the pendency of the negotiations. 
If negotiation fails, our file is uncovered, the enemy may charge 
through our ranks, and we have no reserve to march up to our rescue. 
It seems to me that after the arrival of Genl. Henderson, a direct 
application should have been made to the Govt, of the U. S. in 
accordance with the agreement between the Secretary of State and 
Qeni. Murphy, their fully accredited agent. However this has not 
been done. 'Tis well enough, we cannot go back, and therefore we 
must march forward with decisive steps. 

The Treaty is well in this respect, that Texas is to become a terri- 
tory of the U. S. if annexed. It cannot be ascertained that we have 
the ratio of population required to entitle us to be represented in the 
Congress of the U. S. as a State. We have no Constitution to present 
to the Govt, of the U. States in conformity with the Federal Consti- 
tution. And I would be extremely sorry if we have to become a part 
of the U. S. that the sacred principles of that instrument should ever 
be perverted to expediency, for I maintain that great principles are 
always in danger of subversion from that licentious and profligate 
political plea. Statesmen will never call it to their aid. Politicians 
and Demagogues will always carp upon it. 

I have felt and yet feel great solicitude for our fate. The crisis to 
Texas is everything. To the U. S. it is worth its Union. My toil 
has constantly been for the freedom and happiness of mankind, and 
if we are annexed, I shall hope we have accomplished much, but if 
from any cause, we should be rejected, we must redouble our energies, 
and the accompanying duplicate will express to you decisively what 
my purposes are. Texas can become Sovereign and independent, 
founded upon her own incalculable advantages of situation, and sus- 
tained by European influences without the slightest compromittal to 
her nationality. If the present measure of Annexation should fail 
entirely, and we are to be thrown back upon our own resources, fitx 
your eye steadily on the salvation of Texas, and pursue the course 
which I have indicated. I again declare to you that every day which 
passes only convinces me more clearly that it is the last effort at 
Annexation that Texas wiU ever make, nor do I believe that any 
solicitation or guarantee from the U. S. would at any future day 
induce her to consent to the measure. 

a 17th. > April 11. 



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276 AMERICAN HISTOBICAIi ASSOCXATIOV. 

The most careful attention will be rendered to the armaniMit pro- 
posed by the Govt, of the U. S. and direct communieation maintained 
with the Representatiye, Q&ol. Murphy, with whojn I am highly 
satisfied. This (jovt. wiU be as careful not to permii sli^t grouncte 
to produce alarm, or caU in acquisition their forces, m though it had 
to rely upon its own resources to vepeL an invadu^ enmmj. 

It is possible that the publications respecting the anaistice may 
have produced some effect in Washington: therefore, it is fiA that you 
should understand the subject exj^itly. 

In the instructions to our Commissioners they were aaeuired thaat 
no agreement would have a binding effect until it was referred to the 
President, and had his approve. That ajq^uoyal never has been 
given to it. Nor has any action been taken in conforsuty with its 
stipulations. One reason was alkuffieient to cause its rejectioa. 
Referring to Texas as a Department of Mexico, precluded all possi- 
bility of any official transactions under it. 

The Commissioners were excusable, because by signing it they 
obtained a safe convoy out of the country, which might not have 
been the case if they had refused their assent to the conditions. They 
were both well acquainted with Mexican faith and Mexiean perfidy, 
and would have been unwise to place any confidence in their pledges, 
when interest might have induced their violation. 

This despatch is written because several days would elapse before 
an express could reach Washington and return. It would at least 
delay communications a fortnight. Therefore as the Jouainese is 
important I do not care about official formality, tibe aubstaooe is what 
I am now after, and for that reasota I write. 
I have the honor to be, Oentlemea, 
Your Very Obt. Servt. 

Sah Houston. 



Houston to Jones .« 



MuBPHY to Calhoun.® 



Norton to Calhoun.« 



Jones to Van Zandt and Henderson. 

Department of Statb 
Wuahinjfim [Tex€s,] May id 1844 
Gentlemen, 

The ''Armistice" so called signed by Commissioners of this Govern- 
ment and those of Mexico having been published it has been thought 

aAprU29,lM4. See Calflodar of CorreBpondeaoe with the United StatM tn Part L 



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CX)BBE8P0NDE1TCB WITH THE UNITED STATES. 277 

expedient, to furnish ytm with the enclosed documents, m order that 
you may be better enabled to meet and obviate any difficulties which 
might be thrown in the way of a ratification of the Treaty lately con- 
cluded by you, in consequencerof such publication In my despatch 
of the 25th of March ^ enclosing you a copy of the proposed Armistice 
I explained "that it was only understood as a proposal, by our com- 
missioners, and that the President had not thought prop^ to accede 
to it". It was promptly rejected. 

By the enclosed copies of instructions given to our C<Hnmissioneiis^ 
you will perceive they had in fact no authority to agree to any stipu- 
lations acknowledging the sovereignty of Mexico or that Texas was 
to be viewed as a ''Department" of that country. On the contrary 
har entire and absolute indepesideaGe was to be in no HMiiner affected 
by any arnungemeBit which eur commissioners had power to make. 
The enclosed copy of the Draft of an armistice ^ whioh with the ex- 
ception of a single point was agreed upon by tiie Comjuissioners of the 
two countries, and the conclusion of which was prevented in conse- 
quMice of the steps taken by ilke Umted States in relation to annexa- 
tion, will give you all the further information neoessary to place the 
subject in its proper light before ihe Govt of the United States. 
I have the honor to be 

Gentlemen 
with the highest respect 
your most obt Svt 

Signed Anson Jonos 

To the 

Hon. Isaac Van Zandt 

and 
The Hon. J. Pincensi Hbndbbson 

Mmisters of Texas to the U. S. 

eic etc etc 

Washington. 

Calhoun to Prbsidbnt of United Statbs [Ttleb].' 



Houston to Mubfhy.* 



Houston to Jonbs./ 



a The 26th. 

^Thne lnstfattions b&ve not b6en found. 

eSwCatondar. 

4Uaj 2,lHi. Sm Calendar of Correspondoiee with the Untted States in Fart I. 

« May 6| 1844. See Calendar of Correspondence with the United States in Part I. 

/Ha79,18#4. See Oyendar of CorreqMntaioe with the United Statsi in Part I. 



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278 american histobical association. 

Houston to Van Zandt and Henderson.^ 

City of Houston, May 10th. 1844- 
Messrs. I Van Zandt 

and 
J. PiNCKNEY Henderson 

etc. etc. etc. 
Gentlemen, 

I had contemplated the arrival of Dr. Jones here before this time, 
but he has written to me that he was quite indisposed, and not able 
to come. 

This point being more convenient than any other in Texas for the 
conducting of a correspondence abroad, — I have preferred it, until 
our matters have assumed some definite shape, and the question of 
annexation decided. By this time, I presume it is ascertained what 
will be the result. 

The U. S. Steam vessel Foinset touched at Qalveston on its way to 
Vera Cruz, and through Genl. Murphy I received some unofficial 
intelligence. Rumor says that the object of Mr. Thompson's visit 
to Mexico, is to settle definitively the boimdary line between the two 
countries, and that the U. S. is about to acquire a large portion of the 
Califomias, and settle the boundary of Texas to suit themselves. 

I learn imofficially from Corpus Christi, by rumor, that some 8 or 
10 Mexican Soldiers have been killed at that place, who came in for 
the purpose of suppressing smuggling into Mexico, from that point. 
Thus you see our people must be doing some little mischief. We 
must always enjoy some agreeable excitement, or things will not go 
very well. 

You will find that the Sec'y of State has addressed a despatch to 
the Legation at Washington, touching the subject of the Annistice,* 
which I took the liberty of opening, and find with pleasure that it 
contains the intelligence that was proper for you to have at this 
time. I did not deem it necessary to take any action upon the 
agreements signed by our Coms. further than to reject it silently. 
I suppose that Santa Anna would calculate, as a matter of course, 
that some action would take place under it, and consequently, that 
we would gain time by silence. You will perceive from the instruc- 
tions given to our Coms. that I had never changed my principles or 
opinions in relation to Texas, since 1836. I then made the fijrst 
suggestion in relation to its boundary as an Independency, that ever 
had been made, and for your information I transmit to you a paper, 
containing a letter of mine on the subject to Genl. Rusk, then Sec'y 
of War, after the Battle of San Jacinto,^ which if you should think 

a See Records of Department of State (Texas), Book 44, p. 211. 

» Dated May 2. 

c Neither ttie paper oontaliiloc this letter norany copy of the letter Itself has been foand. 



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COBBBSPONDENCB WITH THE UNITED STATES. 279 

proper, as it might have some influence in settling the public mind 
in relation to some points embraced in it, you can have republished. 
Had the advice which it contains been carried out, another blow 
would never have been struck, or a gun fired by the enemy in Texas. 

I take the liberty of enclosing to you a copy of a letter addressed 
to Genl. Murphy some days since.** It was private, and when I 
commenced it, I had no expectation of making more than an ordinary 
friendly note. The boat leaving before I was aware of it, induced 
me to extend it to the capacity of a letter of some length; and I 
thought it probable that he might upon reflection, forward it to lus 
Govt. It contains some speculations which might have more or less 
influence on the subject of annexation. The Statesmen of the 
United States doubtless have viewed the subject in all its bearings, 
and will not derive any light from suggestions of mine. I desire to 
keep you advised of everything, no matter how unimportant it may 
seem, generally. 

If further negotiations have to take place with the Govt, of the 
U. S., from the cramped condition of our means, it will be proper to 
transfer them to Texas. The reason will be manifest in our want of 
funds to support our agents abroad. 

Since I have had time to reflect upon the provisions of the Treaty, 
I begin to entertain some apprehension that our Senate may not be 
disposed to ratify it. It strikes me, that the conditions are not quite 
liberal to Texas. I do not allude to that part of the Treaty that 
would admit us as a Territory, for I am satisfied that we cannot go 
into the Union on any other terms agreeably to the Federal Consti- 
tution of the United States. 

The Assumption of our debts by the U. S., is a very trifling item, 
and as the liabiUties were mostly incurred on the principle of equiva- 
lents, the whole debt will not amount to 5 Millions. All our 10 pr ct 
bonds, as well as I am advised were issued at 6 for 1. I think the 
principle of equivalents was estabUshed in the early part of 1839, 
and the depreciation was pretty rapid imtil the close of Lamars 
Admn., when Red backs were issued at 8 for 1. Thus you will per- 
ceive tiiat the U. S. would not in equity be boxmd to redeem the 
liabiUties of Texas at a higher rate than what they were issued. This 
will very much reduce the seeming amoimt of debt owing by Texas, 
and the dates of the several issues as well as the equivalents, can be 
ascertained with great accuracy. These are suggestions which I have 
not made to the public, nor do I intend that they shall be [so made]; 
so you wiU perceive that the U. S. will realize everything from the 
Treaty while Texas will derive very little. To day I expect to go to 
Galveston, and perhaps may remain there \mtil the arrival of the 
Neptime. I will have constant care to our affairs imtil they eventu- 



a May 6, 1844. See Calendar of Correspondenoe with the United States In Part L 



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280 AMEBICAK HI8T0BI0AL ASSOCIATION. 

ate. I will take care that you have some funds forwarded forthwith, 
and furnish you with all information that may be of importance to 
you in conduct of our affairs. E[eep the Qov t. here advised by every 
mail of all passing events. Always sleep with one eye open. Do 
the best you can. 

I have the honor to be 
Your Obt. Servt. 

Sam Houston. 

Van Zandt to Jones.* 
Despatch ISO 

Legation op Texas 

WoiUnffton, D C 

Jfey nth 1844 
Hon Anson Jonbs 

etc etc etc 
Sib 

I have the honor to acknowledge the receipt of your despatches of 
the 26th of March and of the 6th and 12th of April 

The question of annexation is creating great excitement here and 
generally throughout the Union. The fate of the treaty is of course 
imcertain the indications are however decidedly against tiie ratifica- 
tion 

Nothing can change the scale but the fear of its controlling and 
overpowering weight with the people. ThOTe is now an evident reac- 
tion in public sentiment in favor of annexation, the current which 
seems to swell as it advances bids fair to sweep down its opponents. 
If the treaty should be rejected in time before the adjournment a joint 
action will be had in the form of [a] bill. It is to be feared however 
that there will not be time to affect anything during the present ses- 
sion. I shall continue to hold the language that the decission of the 
present Congress will be final and thereby endeavor to force the two 
Houses to carry out the joint action. 

Mr. Van Buren will likely be set aside and a new nomination made 
by the democratic party. If so and a proper candidate is selected 
who can go before the people on the Texas issue the triumph I think 
will be certain. The news from all quarters of the union upon the 
subject is of the most encouraging charactar. Whether the question 
can be delayed should the treaty be rejected is a matter for the decis- 
sion of the President. We shall at least be the gainers by the efforts 
now made. Great Britain is becoming more anxious and conse- 
quently would make greater exertions now than before in our behalf. 

I enquired of Mr Calhoim whether Great Britain or France had 
protested against annexation to this government he replied they had 

aA.L.8. 



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C50RBESP0NDENCB WITH THE UNITED STATES. 281 

not. England as you see by the correspondence which has been made 
public disclaims any intention of an improper interference with our 
affairs. 

I remain with great regard 
Your most obt sert 

Isaac Yak Zanbt. 

P. S. Two Despatches from Genl Houston have been received by 
Genl Henderson and myself.** I am exceedingly gratified that the 
terms of the armistice -were rejected by him. It has done us much 
injury but I hope its evil effects wiU now be fully counteracted by 
the disclaimer 

Truly yours, * Van Zandt 

Calhoun to Van Zandt and Hendisson.^ 



Van Zandt and Hendsbson to Cai^oun.* 



Calhoiw to Pbbsident op Unitbd States [Ttlbb].*' 



Houston to Van Zandt and Henderson.^ 

City of Houston, May 17th. 1844* 
To The Hon. Isaac Van Zandt 
and 
The Hon. J. P. Hendebson 
Gentlemen, 

Intelligence which your last communications brought to me, seems 
adverse to the calculations which were made when Genl. Henderson 
was accredited to the U. S. If truly that Govt, is not disposed to 
consummate the plan of annexation, it would seem useless for him 
longer to remain at the Court of Washington. Whatever the desires 
of this Govt, or the people are, or might have been in relation to 
annexation, I am satisfied that they are not ambitious at this time, 
nor will ever be again to be seen in the attitude of a bone of conten- 
tion, to be worried or gnawed by the influence of conflicting poli- 
ticians. The views of the Executive of this coimtry, as well as its 
citizens, were fairly presented in a willingness to become annexed to 

• One of these must have been that dated April 1& The other may possibly hiffe been tiMt of April 39^ 
bat the interval is rather short for this letter to have reached Washington, 
fr Hay 15, 1844. See Van Zandt and -Henderson to Jones, May 26, 1844. 
«Hayl«,1844. See Vmi Zandt and HendeiBon to Jones. May 9S, 1844. 
<Mayl6, 1844. See Calendar of Comspondenoe with the United States In Part L 
« See Records of Department of Stats (Texas), Book 44, pp. 919-204. 



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282 AMEBICAN HISTORICAL ASSOCIATION. 

the U. S. And though the advantages presented to the U. S. were 
incalculably greater than those resulting to Texas, she was willing to 
stand the hazard of the adventure. 

The statesmen of that country appear to be united in opinions 
adverse to our admission into the Union of the North. We must 
therefore regard ourselves as a nation to remain forever separate. It 
would be unpleasant for us to enter into a community as a member 
where we should be regarded ungraciously by either of the political 
parties. Texas alone can well be sustained, and no matter what sin- 
cere desire we may have entertained for a connection with that 
Govt., and the affectionate enthusiasm that has existed in this towards 
it, we will be compelled to reconcile ourselves to our present condi- 
tion, or to assume such attitude towards other coimtries, as will cer- 
tainly look to our Independence. This can be atccomplished if the 
U. S. will carry out the pledges which they have already given. The 
compromittal of our national honor I cannot apprehend, nor would I 
entertain any proposition which could be adverse to our character as 
an Independent Nation; but Texas can now command interests 
which will require no such sacrifice. We must act!! You Gentn. 
will be advised by the former communications from this Govt, and 
act in accordance with them. It would seem from the complexion 
of matters at Washington, that Genl. Hendersons remaining there 
longer would be unnecessary. As indicated in my last communica- 
tion, negotiations can be very well conducted at this Govt, not 
designing to cast any reflections upon the representatives of this 
Govt, at Washington in whom the executive has the highest confi- 
dence. Moments of leisure could be employed here, and even hours 
and days commanded, which is not permitted when urgent despatches 
arrive. The locality of our Seat of Govt is such, that the Executive 
has had to substitute himself in correspondence for the Sec'y of 
State, and dispense with the services of that valuable officer, for the 
sakeof despatch. To morrow I intend to leave here for the Seat of Govt. 

Genl. Henderson will, previous to leaving Washington City, in 
company with Mr. Van Zandt who will remain at that court, wait 
upon the Executive, Mr. Tyler, and assure him that this govt, relying 
upon the pledges given by that Govt, will confidently expect that no 
molestation to Texas by Mexico wiU be permitted, or the aids already 
ordered withdrawn, without the consent of this Govt. The measure 
of annexation having been taken up at the instance of the U.S., ought 
to secure Texas and fortify her by the U. S. against all inconvenience 
arising from having opened negotiations upon that subject. The 
Treaty having been signed and submitted to the Senate is all that 
can be performed on the part of Texas. Further solicitation on her 
part would present her as an object of commisseration to the civilized 
world. If the embarrassments of our condition have presented us 
in a humiliating posture, and we have to brook mortification it fur- 



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OOBRESPONDENCE WITH THE UNITED STATES. 283 

niahes no excuse to us for voluntary degradation. Therefore it is 
that my purpose is fixed in relation to the subject of which I have 
treated. The desires of the people of Texas, with my love of repose — 
(this far I am selfish) had determined me in favor of annexation. 
My judgment though rendered subservient to their inclinations and 
my own, has never fully ratified the course adopted. Yet in aU 
good faith I have lent and afforded every aid to its consummation. 
I have the honor to be, Gentlemen, 
YoiirMostObt. Servt. 

Sam Houston. 

MuBPHY TO Jones.** 



Van Zandt and Hendebson to Jones.* 

Dispatch 121. 

Legation op Texas 
Washington D. 0. May 26. 1844 
Hon Anson Jones 

Secretary of State 
Deab Sib 

We have the honor to acknowledge the receipt of your dispatch 
of the 2d. Inst., with the enclosures concerning the Armistice, and 
also a dispatch from the President dated the 10th Inst, enclosing a 
copy of a letter addressed by him to General Murphy. 

We herewith forward you copies of correspondence had with this 
Grovemment since the date of our last dispatch. 

The terms of the Armistice as published having had a very injurious 
effect upon the question of Annexation, and having previously 
received information from General Houston that the skme was not 
approved by him, we deemed it both proper and necessary, in reply 
to Mr. Calhoim's note, to state distinctly (as far as we were informed) 
its whole history and present nullity. 

The debate on the treaty has been progressing about a week, Mr. 
Benton leading off against and Mr. Walker for it.' They have been 
followed by Messrs Choate, Miller and McDuffie, the latter in its 
favour. 

Mr. McDuffie, it is stated, has introduced in the Senate a joint 
resolution, declaring for annexation, as proposed in the treaty. 
This being done, it is said that Mr. Benton has changed his position 
and intimated his readiness to support the resolution. If so, and those 
of the democracy who have before gone off with him shall likewise 
return, the chances for its success we think very encourageing. This, 
however, may be a trick of Mr. Benton's to mislead the friends of 
Texas at the Baltimore Convention, which meets on Monday, next. 

a Hay 23, 1844. See Calendar of Correspondence with the United States in Part I. 
5L.8. 



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284 AM^tlOAN HISTOBIOAL ASSOCIATION. 

The indiofttions; from all quarters of the Union, show evidentij 
tihat a large majority of the people are in favour of annexation. 
We have the honor to be 
with great reject 

Your most Obdt. Servte. 

Isaac Van Zandt 

J PmcKNET Hendbesok 



[Inclosed are copies of the following:^ Calhoun to Van Zandt and 
Henderson, May 15, 1844; Van Zandt and Henderson to Calhoun, 
May 15, 1844.] «^ 

Calhoun to Pbesident op Unitbd States [Tyler].*' 



Henderson to Jones.** 



Henderson to Jones.** 



Calhoun to President of United States [Tylbb].« 



Raymond to Jones.^ 



Henderson to Jones.^ 



Van Zandt and Hkndbbson to Jones.* 
No. 121.< 

Legation of Texas 
WasUngtan D. C. June 10th. 18U 
Hon Anson Jones 

Secretary of State 
Sm 

We have to commimicate to you the news of the rejection of the 
treaty, which we signed on the 12th of April, last, for the ai&iexation 
of Texas to the United States, by the Senate. It was discussed very 
warmly and fully for several weeks by that body, and on the 8th. 
instant the vote was taken on the question of its ratification, when 
there were given for the treaty sixteen votes and against it thirty- 
five; one senator who was known to be in favour of the treaty did 

a See Cal«Bd«r of Gvmspoiidfliiod witk the UnMed States in Part I. 

b This letter was published under date of May 16. 

elCayWflSU. SseCaleiidar of CorraBpondenoe with the United States In Part I. 

<lJime2,1844. Sea Catedar of CornifoiKtaioe with the United States In Part L 

• June 4, 1844. See Calendar of Cocrespondenoe with the United States In Part I. 

/ Jones, 18M. See OBtoodar ofCorrapondeooe with the United States In Part I. 

9 Jane 7, 1941. to Oaleiidar of OaReapondenoe with the United States in Part I. 

ftL.S. 

< The number shoold be 122. See Van Zandt to Jones, June 18, 1844, Raymond's poatMript. 



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C0RB£8P01)a>BHGE WITH XSB UNITED STATES. 286 

not rote.' You will see from the a{>eeche6 uutde during the dis- 
cussion (which we will send you as soon as we can collect them) 
that the majority of those who voted against ratifying the treaty^ 
are in favour of annexing Texas at some futiu^ period. It cannot 
be disguised that party con8iderati<»s influ^ioed many of those, 
who voted against the ratification, to oppose it. The question of 
the annexation of Texas to this Government has (as you doubtless 
have seen from the newspapers of tUs country) become strictly a 
party question between the democrats and wh%s in the priding 
contest for the next Presidency, and should the former party succeed 
in electing their nominee we can not doubt that Texas can be annexed 
under his administration, if she desire it. We called upon President 
Tyler this morning, and he informed us that he intended to send into 
the House of Representatives a message calling their attention to the 
subject of annexing Texas — ^he was then in consultation with his 
Cabinet on the subject; and asked us if we had any thing to say or 
furnish him, which he could commimicate with his message, but as 
we had received a few days since a communication from the Presi- 
dent, dated at the City of Houston May 17th, instructing us to press 
the measure of annexation no further on this Government, and 
directing the Undersigned, Special Agent etc, to take his leave and 
return to Texas, we did not feel ourselves at liberty to interfere, 
and therefore replied that we had nothing to say or communicate. 

Col Benton introduced a bill this morning, in the Senate proposing 
the annexation of Texas. From what we have learned of its pro- 
visions, it would not be acceptable to the Government or people of 
Texas, and will not recrive the support of either of the two great 
political parties in this country. 

We have the honor to be with great respect. 
Your Obedient Servants 

Isaac Van Zandt 

J PiNGKNST HbNDBBAON 

Calhoun to the Seoretaby op State op Texas [Jones].* 



Van Zandt to Jones.*' 
No. 123. 

Legation* op Texas 
Washington D. C. June ISth. 1844 
Hon Anson Jones 

Secretary of State 
Deab Sib 

Since the date of our last dispatch the President of the United 
States has addressed to the House of Representatives a message upon 

a Hanntgan of iDdtaBs, iviM WM absent vtan tte ^ralB wat 
Mane 12, 1844. See Oreen to Jones, July 14, 1844. 
eL.8. 



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286 AMERICAN HISTORICAL ASSOCIATION. 

the subject of annexation, which, upon its receipt by the House, was 
ordered to be printed and refered to the Committee of Foreign Affairs. 
No further action will likely be had upon the subject before the ad- 
journment. Our friends think it policy to await the action of the 
next session, or it may be possible that the President may deem it 
necessary to have a called session in August or September. While 
many object to any affirmative action at the present session, a very 
large majority of both Houses express themselves friendly to the 
measure at a future period. The indications of popular sentiment in 
almost every quarter, seem favorable to its ultimate success, should 
Texas continue to desire the Union. On to morrow, or as early as I 
can collect them, I shaU forward to your Department a large number 
of papers and documents, which will enable you to see both sides of 
the case as represented here. 

The friends of Texas in this coimtry are determined to press the 
question, unless our Government shall decline its further prosecution. 

Having, at the time of my departure for Washington, left much of 
my private business in an imsettled state which requires my personal 
attention at the earliest day possible, I beg leave, through you, most 
respectfully to tender to the President this my resignatjon, and 
request that I may be furnished with my letter of recall as soon as the 
same can conveniently be forwarded to me. 

My resignation is forwarded at this time with a hope that I may 
be enabled to reach home by the commencement of the faU courts- 
It may however be possible that the President of the United States 
may determine to call an extra session of Congress, for the purpose 
of settling the question of annexation. In that event I should be 
desirous to remain during the session. Should Oeneral Houston, 
therefore, deem it not improper, I hope I may be so instructed. 
With great regard 

Your Obedient Servant 

Isaac Van Zandt 

P. S. The joint dispatch of the 10th inst was numbered "121,^* 
when it should have been 122. Please make the correction. 
Yours etc 

Chas. H. Raymond 

Van Zandt and Henderson to Jones.** 
No. 124 

Legation of Texas 

Wdshington D O 

June 15th 1844 
Hon Anson Jones 

etc etc etc 
Dear Sib 

In pursuance of the instructions of the President, on day before 
yesterday we called upon the President of the United States and 



aL.8. 



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OOBBESPONDENCB WITH THE UNITED STATES. 287 

made known to him the desire of our government that the present 
position of the military and naval forces of the United States sta- 
tioned upon the borders of Texas should remain unchanged. To this 
the President replied that no important change would be made in the 
previous orders and arrangements except that the commanders 
would be directed to correspond with the United States Charg^ 
d' Affaires in Texas instead of the President of Texas as heretofore. 
The President of the United States also expressed his determination 
to do every thing in his power which might contribute to our security, 
with the hope that the embarrassments at present attending the 
question of annexation might in the mean time be removed. 

The Congress will adjourn on Monday next the 17th Inst. The 
President has not determined whether he will call an extra session 
or not. He remarked in the interview which we had with him that 
should public sentiment seem to demand it, in that event he should 
think it proper to issue his proclamation for that purpose. We 
would suggest the propriety of with-holding from the public so much 
of this despatch as relates to the Army and NaVy of the United States, 
We have the honor to be most 
Respectfully 

Your Obt Servants, 

Isaac Van Zandt 

J PiNCKNEY HeNDEBSON 

Monday A M 17th. 

P. S. Genl Henderson left yesterday for Texas by way of Phila- 
delphia. 

Besply. 

Van Zandt 



Van Zandt to Jones.* 
No. 125. 

Legation of Texas 
Washington D. C, June 18th. 18U 
Hon Anson Jones 

Secretary of State 
Deab Sib 

Thompson, the bearer of dispatches sent to Mexico by this Govern- 
ment, returned on yesterday to this city. He saw Santa Anna, but 
made no arrangement with him, not even submitting any distinct 
proposition for the decission of the Mexican Government. He thinks 
Mexico, from the depressed state of her finances and the probabilities 
of an internal revolution, is wholly imable ever to make any move- 
ment of a serious character against Texas; and that she does not con- 



aL.S. 



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288 AMERICAN HISTORICAL ASSOCIATION. 

template a war with the United States, on account of annexation 
should it take place. Mexico has failed to pay the last installment 
due to this country upon her debt. There is evwy probability of a 
coUission between her and France whose fleet is already on the Mexi- 
can coast. A difficulty, growing out of the murder of an Englishman, 
has resulted in angry correspondence with the British Minister. 

These comprise the substance of the intelligence brought by 
Thompson. 

On yesterday the Congress adjourned ''sine die ". 
Most respectfully 

Your Obt. Servt. 

Isaac Van Zandt. 

WoLx, TO Houston.* 



Jones to the Segrbtart of War [Pc»tbr].^ 



Parker to Calhoun.* 



Van Zandt to Jones.* 

No. 126 

Legation of Texas 
Washington D. C. July 6th. 18U 
Hon Anson Jones 

Secretary of State 
Sir 

Since my last dispatch I have had a full discussion, with Mr. 
Calhoun, Secretary of State of the United States, on the subject of 
the outrage, committed by citizens of this country upon the collec- 
tor of Red River District, and rescue of goods in his possession. I 
hope soon to be able to report to your department a satisfactory 
adjustment of the matter. 

I am informed by Mr. Calhoim that Capt Cooke has been acquitted 

by the Court Martial appointed to try him, and that he will make a 

communication to me, in the course of a few days, on the subject, 

which when received I will immediately forward to your department. 

I have the honor to be with great respect 

Your Obedient Servant, 

Isaac Van Zandt 

a Jane 19, 1844. Copies sent with Jones to Van Zendt, July 13, and Jones to Howard, August 6, 1844. See 
Calendar of ConespoBdeace with ttra United States In Part I. 
fr Jane 27, 1844. Bee Van Zandt to Jones, August ,1844. 
«L.8. 



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cjobrespondbncb with the united states. 289 

Houston to Jones.® 



Jones to Van Zandt. 

Department op State, 
Washington [Texas], July ISth 18U. 
To the Hon. I. Van Zandt, 

Charg6 d^ Affaires of the Republic of Texas. 

etc etc etc 
Sm, 

I have the honor to acknowledge the receipt of your several de- 
spatches to the 18th of June Ulto. 

In consequence of the absence of the President and a pressure of 
business upon the Dept., I write you at this time very briefly. 

In a private letter which I recieved from his Excellency yesterday, 
he says "I enclose you a letter from Mr. Van Zandt in which he 
announces having sent his resignation to you. You will accept his 
resignation in the most courteous terms and express to him the 
confidence of the Executive in his patriotism and integrity"* In 
accepting the tender of your resignation, allow me to add to the 
expression of the President the assurance that the Department has 
every reason to be satisfied with your conduct as Charg6 d' Affaires, 
at Washington and with the very able zealous and faithful manner 
in which you have discharged all the arduous duties which have from 
time to time been devolved on you. The interests of the country 
have been well sustained by you and I devoutly hope you may live 
to enjoy its approbation and its highest rewards. I regret that 
circumstances have rendered your resignation necessary but am 
well aware that the compensation is not sufficient to support you 
and justify you in longer neglecting your private affairs 

Enclosed I send you your leave of absence to be presented to 
the Secretary of State of the U. S. whienever you are ready to leave. 
It is not deemed necessary that you should remain, at your post to 
await a call of the U. S. Congress nor is it the wish of the govt that 
you should stay even if a Special Session should be determined on. 

It is my desire that the matter of compensation to Texas by the 
U. S. for the goods taken from our Collector at Bryarly's landing 
and the arms etc taken from Col Snively's command should be 
pressed upon the consideration of the U S Government 

On leaving you will place the archives of your legation in the Hands 
of Mr Raymond, who will act in the capacity of Charg6 untill an 
appointment is made of a successor 

A July 8, 1S44. Bee Calendar of Correspondence with the United States in Part I. 

b The letter was dated July 8. See Calendar of Correspondence with the United States In Part I. 

39728*'— VOL 2, pt 1—11 19 



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290 AMEBiCAN HIBTOBIOAI^ ASSOCIiLTIOy. 

Enclosed I send for your information Copies of two letters lately 
reed one from Gen. Murphy Chai^6 d' Affaires of the U. S.** the 
other from Gen Adrian WoU announcing to Texas a resumption of 
hostilities on the part of Gen. Santa Anna^ The complaint set 
up by Gen Santa Anna that Texas has acted perfidiously in not 
sending Commissioners to Mexico agreeably to the terms of an 
Armistice proposed at Sabinas by the Commissioners who were senJt 
there is without any just foundation in fact. As it was one of the 
expressed and agreed conditions upon which those Conunissioners 
were sent that any agreement which might be made by them should 
not be of any force unless confirmed by the Supreme Govt, of Mexico 
on the one part and Texas on the other* This Govemmeiit imuke- 
diately on its receipt, rejected this proposed Armistice, information 
of which was informally given to Capt. Elliot^ the medium of com- 
munication between us «Ad Meodco. On the oth^ hand, the Supreme 
Govt, of Mexico failed to give us notice that she had approved the 
acts of her Commissioners. So tha^ both by the act of rejection 
on the part of the Govt., and the omission on the part of Mexieo to 
notify Texas that she had approved and confirmed the Axmistice 
the same was void and utterly nulL 

The true cause of this renewal of hostilities I presume to be the 
negotiations between the U States and Texas for Annexation 
I have the honor to be 

with the highest respect 
Your Obt. Svt. 

Signed Akson Jones 



Gbbbn to Jones.* 

Consulate of the Untted States 

Galveston July IJfii, 1844, 
To Tiie Hon Anson Jones 

Secty <{f iSfcrfc 

of0ie SepfMic of Texas. 
Sm 

The Undersigned Consul of the United States at Gahwton has the 
painful duty to p^orm, of announcing to the Honorable Secaretary 
of State of Uie R^ubUc of Texas, the death of the Honorable WiBiam 
S. Murphy, late Oiarg^ d' Affaires of the United States near this 
Government. This -sad event took place on the morning of the Idth. 
instat l.SOOdock. 

Among the Archives of the Legation f alUng to the custody of the 
Undersigned by this event, is a communication from the Secretary 

a This letter has not keenfosBd. 

5 Dated June M.lMi. 

• See Eeoords of Department of State (Texas), Book 42, p. 611, for both this letter and Its InolosaEe. 



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CJOREBePONDSNCB WITH THJS UNITES) STATES. 291 

af State of the United States to GM:ieral Murphy iiiforming him of 
his rejection by the Senate, and ^icloang the communication to 
the Honorable Secretary of State of Texas, herewith forwarded 

In [M-es^iting the commimicaUon r^ened to, and in taking leave 
of the Chief Magistrate of this Republic, General Murphy is enjoined 
by the Secretary of State of the United States to renew to the Gov- 
ernment of Texas, assurances of the friendly disposition of the 
President of the United States towards this Republic, and of his 
hope that it will be reciprocated, and that nothing may take place 
which will have a tend^DLcy to weaken that disposition on either part. 

The Undersigned takes this occasion to inform the Honorable 
Secretary of State, that by instructions from his Government he 
has taken char^ of the Archives of tjiis Legation until the successor 
of General Murphy shall arrive; and that during this interim it wUl 
give him great satisfaction to cummunicate \dth the Honorable 
Secretary of State upon any subject that may arise of mutual interest 
to this country and that of the United States. 

By recent advices from the South west, the undersigned has 
leajioed that a bearer of dispatches from the Government of Mexico 
has proceeded to the Seat of Government of Texas, and that under 
the present existing circumstances he will be excused for requesting 
at this eariy moment to be made acquainted with such parts of the 
subjects of those dispatches as may be interesting to his Governments 
in order that he may communicate the information without delay, 
to the Honorable Secretary of State of the United States. 

The Undersigned avails himself of this occasion to assure the Hon 
Secretary of State, of his hi^ consideration and respect. 

A. M. Gbebn 

[Here follows a transcript of the enclosure referred to, Calhoun 
to the Secretary of State of Texas, June 12, 1844, announcing the 
recaU of Murphy.] 

Hats to Hill.^ 



Jones to Gbeen. 

Department of State 
Washington [Texas,] July ggd 1844 
Snt, 

I have the honor to acknowledge the receipt of your note of the 
14th Inst, announcing to this Department the melancholy intelligence 
of the decease of the Hon. Wm S. Murphy late Charg6 d' Affaires of 

aJi]l721,1844(eztTaot). Copy seat wtth Jones to How<^Aggi]St^ 1844. SeeCf^tendarofCorrespoiid- 
enoe with the United Stat^ in Part I. 



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292 AMERICAN HISTOBIGAL ASSOCIATION. 

the U. States near this government, and that by instructions of 
your government you had taken charge of the arcMves of the Lega- 
tion imtill Gen. Murphy's successor should arrive etc. accompanying 
which was a letter from the Hon. Secretary of State of the United 
States addressed [to] this Department. 

The friendly sentiments towards this Republic which on behalf 
of the Govt, of the United States, Gen. Murphy was enjoined to make 
known to this Government, a duty which his lamented decease pre- 
vented him from performing but which you have now executed, are 
I beg leave to assure highly appreciated, and fully reciprocated, by 
this Govt. 

In reply to your request to be made acquainted with, such parts 
of the despatches lately redeved by this Govt from Mexico as might 
be interesting to the government of the United States I have the 
honor to inform you that copies of those despatches were some days 
since forwarded to Mr. Van Zandt our Charg6 d' Affaires at Washing- 
ton who will, I doubt not, communicate the desired information to the 
Hon. Secretary of State of the United States, without delay. 

Be pleased to accept, Sir the assurances of the high consideration 
and regard with which I have the honor to remain 
Your Most obt. Servt. 

(Signed) Anson Jones 

To, A. M. Green Esq. 

U.S. Consul 

etc, etc, etc. 



Bbowbb to Van Zandt.® 



Houston to Santa Anna.* 



Hill to Woll.* 



Jones to Raymond. 

Department of State 
WasUngton [Texas] July 29th 1844« 
To Charles H. Raymond Esq. 

acting ChargS d" Affaires of Texas 

etc etc etc 
Sm, 

The Hon. Isaac Van Zandt having resigned the office of Chargfi 
d' Affaires of this RepubUc near the Govt, of the U. States it is the 

a July 27, 1S44. See Van Zandt to Jones, August 8, 1844. 
fr July 39, 1844. See Jones to Raymond, August 6, 1844. 
p ReoelTed August 28. See Raymond to Jones, September 12, 1844. 



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COERESPONDENCB WlTH THE UNITED STATES. 293 

desire of the President that you should assume the duties as acting 
Charg6 untill a Successor shall have been appointed and arrived at 
Washington City. 

You will take the earliest opportunity to notify the Government 
of the United States that a Council will be held at Tawacoro* Creek 
near the Brazos on the 15th Sept next between Commissioners of 
Texas and the Conmianche and other Indians who reside within 
and upon our limits, and invite that Government to send a Commis- 
sioner or agent to be present at that time and place, to aid in pro- 
moting the reciprocally important object of effecting a peace with 
these Indians. 

The place fixed upon for holding this Council is the same at which 
the Council was held in March 1843 at which Govr. Butler was 
present. The time is fixed for the 16th Septr. but it is not very 
probable that the Indians will come in exactly at the day appointed 
or that much will be effected before the latter part of the month. 

Should a Commissioner or agent be sent to attend this Coimcil on 
the part of the U. States it would be desireable that he should be 
attended by a large escort of Dragoons not that any danger is appre- 
hended to the Commissioners but for the purpose of making an 
impression upon the Savages 

I have the honor to be with the highest respect 
Your Most obt Svt 

(Signed) Anson Jones 



Addbess of Howard to Jones.* 

Address of Mr. Howard on presenting his letter of Credence to the Hon. Anson Jones Secretary of State 

of the RepabUo of Texas. 

On presenting to you, Sir, this letter of Credence from my Govern- 
ment, I am instructed to express to you, the warm interest felt by 
the President of the United States, in the happiness and prosperity 
of the Government and people of Texas, and the earnest desire 
which animates him to preserve and strengthen the bonds of good 
feeling and kind relations which now, so happily, subsist between 
the two countries. 

In addition to this expression of the feelings and sentiments of the 
President, I avail myself of the occasion to add, that similar senti- 
ments are cherished by the people of the United States, and that 
at no former period has a deeper interest been felt, for the welfare 
and prosperity of the people and government of this RepubUc, than 
exists at the present time. 

aTavakana. 

» A. D. undated, but Inserted between the 2nd and 6th of August, 1844. See Howard to Jones of the 
former date, and Jones to Howard ot the latter. 



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294 AMEBICAlff HISTORIClL ASSOCIATION. 

During- my residence here, Mr. Secretary it will be my study to 
promote and strengthen the bonds of friendship between the two 
countries — a course which I can adopt with great cordiality, in 
view of the common origin of our people, and that identity of interest, 
which seem so clearly to point to our destiny. 

It remains my painful duty, further to say, that the gratification 
I feel in being the orgMi of my Government in the expression of these 
sentiments, is much tempered by the chastening circumstances 
which have attended my arrival in this Republic, in the death of 
two distinguished feDow citizens — Gen Murphy and Col. Green, two 
of our public functionaries. 

I hare been, however, much consoled by the generous sympathy 
which I have every where met from your people. This is the more 
consolatory, as it will be evidence to their friends and afficted f uni- 
lies at home, of the confidence and respect, which, I have the satis- 
faction to know, were enjoyed by them amongst the citizens ot this 
Republic. 

JONBS'S RSFLY TO HoWAmp's AlH>BB88.^ 

Reply of Mr. Jones to the address of Qen. Howard 

General, 

I take great pleasure in receiving and recognizing you as the 
accredited representative of the United States to Texas; and in 
assuring you that the friendly sentiments and kind wishes which 
you have expressed on behalf of the President of the United States 
and the people of that country towards the government and people 
of this, are highly appreciated and fuUy reciprocated by the Presi- 
dent and people of Texas. 

Adverting to the fact of your former connexion with the President 
of Texas and the intimate personal relations which have for a great 
length of time existed between yourself and him rendering your 
appointment, so very acceptable to his Excellency I am happy to 
witness in your selection as their Representative here another proof 
of the friendship of the United States, towards Texas 

I shall take much pleasure General, in co-operating with you in 
the work of preserving the good understanding which now so happily 
exists between the two countries, and in drawing still closer the ties 
which should unite them. In the performance of a duty so agreeable 
to myself I am well satisfied I shall be acting in accordance with the 
wishes and the feelings of the people of Texas who ever mindful of 
the identity of the origin language laws and customs of the two 
nations ardently desire united destiny. 

The sentiments which you have expressed, on this occasion in refer- 
ence to the recent melancholy death of the two distinguished func- 



a See title of Howard's address, note. 



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COItBBfi£»OND£KC& WITH TBB TTHITBD STATES. 295 

tionaries of you[r] gov^nunent, Gecu Murphy and CoL Oreen are 
very proper, and I aasTire you of the sympathy I feel m common with 
c^ our fellow citizens, at the loss which their country as well as their 
friends and families haye sustained, by this afflictive dispemsation 
of divine providence. 

Jones to RArMON».^ 

[Transmits copies of the following: Houston to Santa Anna^ July 
29, 1844;^ Hill to WoU, July 29, 1844.<'1 



Hnx TO Jones. ** 



Jones to Howaiid/ 

[Inclosed were Hays to Hill (extract), July 21, 1844; WoU to Hous- 
ton, June 19, 1844; Hill to Jones, August 6, 1844.] 



HowABD TO Jones./ 



Jones to Ratbionb. 

Department of State 
WaaUjigton [Texas,] Augt. 6th I844 
To C. H. Raymond Esq. 

acting Chargd d^ Affaires of Texas 
Sib, 

Information has just been recieved through Col. J. C. Hays com- 
mandmg on our South Western frontier, that Mexico is actually 
about to make a hostile movement upon this country. Enclosed 
herewith I send you the copy of a letter from the Hon. G. W. Hill 
Secretary of War and Marine addressed on to-day to this Depart- 
ment with the accompanying documents marked A. and B. which 
will place you more fully in possession of the particulars in relation 
to the immediate expected movements of the enemy .^ 

a August 5, 1844. Bee Records of Department of State (Texas), Book 44, p. 322. Tlii» dispatch wm 
received August 23. See Rasrmond to Jones, September 12, 1844. 

h See Calendar of CorrespondeBoe witti tiit Untted States la Part I. 

« See Correspondence with Mexloo. 

d August 6, 1844. Copylnclosedwith Jones to Howard, August 6,1844. See Calendar of Correspondence 
with the United States in Part I. 

« August 6, 1844. For this letter and its indosures, see Calendar of Cofraspondeaoe with the United 
States tn Part I. 

/ A. L. S., Augnst 6, 1844. See Calendar of CorrespoDdenoe with the United States in Part I. 

9 The inclosnres are the same as those sent to Howard, August 6, 1844, except that Howard's reply is 
added. For this, see Calendar of Correspondeoee with the United States in Part I. 



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296 Ali£EBICAN HISTORICAIj ASSOCIATION. 

Information recieved from the city of Mexico through the agent 
of the United States Oovemment there^ has made known the fact 
that, Oen. Santa Anna is engaged in raising funds, and recruiting 
an army for the avowed purpose of attempting to subjugate Texas 
and that in pursuance of his design he has already despatched a 
number of troops from the city of Mexico and is concentrating them 
and other forces upon the Rio Grande. 

The fact, that the negotiations for an armistice in progress at 
Sabinas in Feb. last were suddenly interrupted upon the receipt 
of the intelligence by Mexico that a proposition for the annexation 
of Texas to the United States had been submitted by the latter 
country, and that subsequently the information of the conclusion 
of the treaty had given great umbrage to the Mexican Govt, taken 
in connexion with the letter of (Jen. Woll^ seems conclusively to 
indicate that these movements of the enemy have been caused, by 
pending negotiations between the United States and Texas on the 
subject above referred to. 

I have consequently called this day upon Gren. Howard, Chargfi 
d' Affaires of the U States requesting him to take early action upon 
the assurances given to this Govt, by Gen. Murphy and by Mr. Cal- 
houn, and that the promised aid might be rendered to Texas by his 
Government. 

Enclosed herewith is a copy of his reply to my communication by 
which you will perceive that Gen. Howard thinks it necessary to refer 
the whole matter back to his government for its action, and to await 
instructions from the City of Washington. This delay has given 
great dissatisfaction to the President 

It was his impression that he should at any time in case of threat- 
ened danger to Texas command the aid of the Military and Naval 
force of the United States in the Gulf and upon our frontier. This 
was expected to be rendered in case of emergency like the present, 
even, without the delay of an appeal to the government at Wash- 
ington 

It is the wish of the President therefore that you should immediately 
make known to the President of the United States his imderstanding 
of the pledges given for the security and protection of Texas during 
the pendency of negotiations for Annexation, and his conviction of 
the importance to the success of that measure of immediate action 
on the part of the U States government, in the employment of their 
land forces on our frontier in preventing the threatened injury to 
Texas; and of such other means as may be deemed adviseable and 
proper for the same object. 

TTiis Government trusts that the action of the United States in 
reference to this subject will be prompt and efficient, a course which 

a One of the indosorai. 



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COBBESPONDBNCB WITH THE UNITED STATES. 297 

you will urge upon them by every consideration in your power to 
offer. 

Gen. Howard despatches an express to-morrow to Gen. Taylor at 
Fort Jesup by whom I shall send you this communication. 

Shoidd not the required aid be rendered by the United States, it is 
probable you will be instructed to break off all negotiations having 
for their object the annexation of Texas to the United States, nor 
can we wait beyond a reasonable time for their determination to be 
made known. 

I have the honor to remain 
very Respectfully 

Your Obt Svt 

(Signed) Anson Jones 



Howard to Jones.* 



Van Zandt to Jones.'' 

No 127. Legation op Texas 

Wdshington [(Kty] August 8th. 1844 
Hon Anson Jones 

Secretary of State 
Deab Sir 

I have delayed writing to you for some time, with the expectation 
daily of receiving something from yoiu* department. The Steamers 
having left for New York, and all commimication being thereby 
rendered uncertain I shall delay no longer. 

In my last dispatch I informed you that I anticipated an early 
and satisfactory adjustment of the Red River difficulty.*' I had 
just then had an interview with Mr. Calhoim in which I submitted 
to him the points upon which we rested the claim for indemnity, to 
all of which, after some Httle discussion he assented, and promised 
to submit the matter to the President for his determination, at the 
next Cabinet meeting. This he did, but instead of the President's 
approving it, he and the cabinet all dissented. The Attorney Gen- 
eral, Mr. Nelson then drew up a written and lengthy opinion in oppo- 
sition to the demand, after which Mr. Calhoim sent for, and made 
known to me the result, submitting to me the opinion of the Attorney 
General for my inspection and consideration. Upon an examina- 
tion of it with, all the other objections urged, I informed Mr. Cal- 
houn that if he would make me a communication upon the subject 

• August 7, 1844. See Calendar of Correspondence with the United States in Part I. 
*L.S. 

e The attack on Collector Bourland. See Bourland to Secretary of Treasury of Texas, May 4, 1843, In 
Calendar of Correspondence with the United States in Part I. 



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208 AMEBICAN HISTORICAL ASSOCIATlOir. 

in reply to my former demands, I was prepared to enter upon the 
discussion. He then suggested that it would perhaps be more satis- 
factory to discuss it, first, verbally, at the Department, and that, 
then, in the event we did not agree, the written correspondence 
might be opened. To this I assented, bdieving they would more 
readily abandon their position before the committal cm paper against 
the demand, than afterwards. On the next day I repaired to the 
state department where we took up the matter and discussed it 
near two hours each day for about a week, exploring the whole 
range of cases and authorities from the earUest writers up. The 
result was that at the end of the investigation my positions were 
fully admitted by the Secretary of State, and I understand sanctioned 
by the majority of the Cabinet. Mr. Calhoim then drew up a formal 
reply acknowledging their Uability for the damages. Before sending 
it to the President he submitted it for my inspection, after some 
sUght modifications I told him it would be satisfactory. The com- 
munication was then forwarded to the President who had gone to 
Norfolk. Upon an examination he dissented from some portion of 
the conclusions of Mr. Calhoun and returned the commimication, 
suggesting certain modifications. On the receipt of this answer 
Mr. Calhoun sent for me and expressed a desire that the case should 
rest until the President returns to the city, which will be in the coiu^e 
of the present week; when he anticipated a removal of every diffi- 
culty. To this coiuse I have consented. I have been thus explicit 
that you may understand the cause of the delay. 

You will of course have seen that the Mexican Congress have voted 
Four millions of dollars and thirty thousand men for the invasion 
of Texas, also the manifesto of Genl WoU to Genl Houston* declaring 
the intention to re-commence hostiUties against Texas. I have seen 
likewise the correspondence both official and private, of the United 
States Charge de' Affaires in Mexico to the State Department here. 
From a survey of the whole facts that have been developed I think 
we may conclude that it is the intention of Santa Anna, again, to 
commence the war upon some scale, the measure and extent of 
which will much depend upon the encoxuragement that he may 
receive abroad. If England winks at the measiu'e, we may look out 
for a formidable effort. England will of course view all the circum- 
stances, and pursue that poUcy which her interest may seem to 
dictate. There is no occasion for a panic in Texas, and [it] should 
by all means be avoided. You know the pledges of the President 
of the United States. I think we may rely with every confidence 
that they wiU be fulfilled. Your Representative here should be kept 
advised as frequently as possible upon this subject, and especially 
as to the views and wishes of the President. 

a That is, the letter of June 10, 1844. 



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COREESPONDENCE WITH THE UNITED STATES. 299 

There is advertised to be sold on the 20th. Inst, a large amount 
of the pubhc arms at Ne^r York. I am endearouring to get the 
sale, of three thousand stand of them, suspended until we can see 
whether we need them or not. They can be got low, and it may 
probably be to our advantage to secure them, especially if we can do 
so in such way as to pay for them out of any indemnity we may get 
from this Govenmient. Z merely make the suggestion in order to 
have the opinion of the President upon the subject. 

The two Mexican Steamers now repairing in New York, I learn 
from Mr. Brower are making great efforts to complete their works 
and outfit. I send you a copy of Mr. Brower's letter. The suggestion 
which he makes in regard to the effort to seize the vessels I think 
might be successfully attempted near New York. I went to Balti- 
more a few days ago partly to see what could probably be done. If 
the proper papers and powers were placed in the hands of your Repre- 
sentative here, with proper caution and energy, I think arrangements 
might be made to seize them, without a dollars expense to Texas, by 
proposing to some proper individual the spoils, or a portion of them 
for pay. The vessels will not likely get off before the 1st. of October. 

I expect by the next mail notice of the acceptance of pry resigna- 
tion. I hope my successor if one has been appointed may arrive 
with my recall, that I may be able to explain the situation of matters 
here, as present appearances indicate that this will soon be the theatre 
of important action in our affairs. 

« « « « « « 4ea 

Since writing the foregoing I have seen Mr. Calhoun who informed 
me, that it was stated in the dispatch just received from Mr. King 
the American Minister in Paris that in an interview, which that 
gentleman had with the King of the French His Majesty told Mr. 
King that they wished Texas to femain independent, upon commer- 
cial groimds, but would take no part in any controversy growing out 
of the question of annexation. 

I remain with high regard 

Yoiu* Most Obedient Servt. 

Isaac Van Zandt 



(Eztnct of a lettar from Mr. Brower to Ifr. Van Zandt, referred to In tho fotBgotng dispatch.) 

^'Consulate of Texas Neu) York July 271%, 1844 
Deab Sib 

You are aware the Mexican War Steamers, ''Gaudalupe" and 
''Montezimia"* are here undergoing repairs. I was told a few days 

a Here Is omitted a paragraph relating to Van Zandt*8 salary. 

» These were the two vesseto bant hi England in 1842 and allowed to go to sea in spite of the protests of 
Charge Ashbel Smith. Bee Smith to Aberdeen June 14, 1842 (the protest), In the Correspondence with 
Great Britatai. 



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800 AMEBICAN HISTORICAL ASSOCIATION. 

since, by a person who saw it that there appeared much anxiety on 
the part of the officers to hurry forward the work — from which he 
supposed Dispatches may have been reed., pertaining to the part 
they may be designed to take in Santa Anna's new project for the 
invasion of Texas. If any part, naturally, the object would be to 
use them for blockading the Texian shipping ports, especially that 
Texas, now, has no Naval force in commission. It has appeared to 
me that the Government and people of Texas should look to the pro- 
tection of their sea coast, and without any bustle, but as quietly as 
possible plan some expedition by which to board and take those 
Steamers if they appear off Galveston. It appears to me an ordinary 
Steamer, under American colors, properly manned with men of right 
nerve, well equipped, might accomplish the object. Of course it is 
for you to make any suggestion you may please, to the Texian Execu- 
tive upon the subject." 

Van Zandt to Calhoun.** 



Oalhoun to King.* 



Calhoun to Van Zandt.« 



Van Zandt to Calhoun.<* 



Van Zandt to Jones.« 

No. 128 Legation of Texas 

Washington D. C, August 16th. 18U 
Hon Anson Jones 

Secretary ofStaie 
Sir 

I have the honor to enclose you herewith the note of Mr. Calhoun 
of the 14th. Inst, together with the documents which accompanied 
it, and my reply of this date to the same. 

If the JPresident shall acquiesce in the acquittal of Captain Cooke, 
and the offer to return or make compensation for the arms, it will 
only be necessary to indicate at what point the arms are desired 
to be dehvered. If it be wished, new arms will be given instead of 
those taken. If a monied compensation be prefered, it will be 
necessary to await an appropriation by Copgress. As the arms will 
likely be needed in the country, and less difficulty would attend 

a August 10, 1844. Bee Van Zandt to Jones, August 19, 1844. 

b August 12, 1844. See Calendar of Correspondence with the United States In Part L 

«Augustl4,1844. See Van Zandt to Jones, August 16, 1844. 

d August 16, 1S44. Bee Van Zandt to Jonee of same date. 

«L.8. 



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COBBESPONDENCE WITH THE UNITED STATES. 301 

their acceptance, it seems to me it would be policy to receive them 
instead of awaiting the tardy action of Congress. 

I have been told that Captain Cooke has a letter from Colonel 
Snively in which he expresses his gratitude for the kindness shown 
him by Cooke. If this be true, perhaps it would be unnecessary to 
prosecute the case further. 

I hope the President will be pleased at the prospect o*f a favorable 
adjustment of the Red River difficulty.^ The assurances given are 
perhaps as favorable as we could expect under the circumstances. 
In fact as to the Uability, every thing is conceded which could be 
desired. If I had had "full powers" for the purpose, it would have 
been more formal to have concluded a convention, but not having 
them I think the matter is as well shaped as could be. 

The Affidavit of the Collector and others as to the introduction, 
seizure and value of the goods will be all sufficient, to transmit to 
the Congress of the United States, but these should be obtained 
and forwarded to this Legation as early as possible. I told Mr. Cal- 
houn during the discussion I was of opinion, although not authorized 
to say so officially, that our Government would be willing, as an 
act of courtesy, to relinquish the claim for damages so far as the 
property actually belonged to the United States. I should be much 
gratifyed if my opinion as thus expressed should be sanctioned by 
the President. 

We have no further news from Mexico. The papers of yesterday 
contain a nunor that the Mexican loan of four millions had been taken 
by Great Britain, but I think there is nothing to substantiate the 
report. 

We have no mail yet from Texas. 

The President and Cabinet are discussing the propriety of a caP 
of Congress to consider how far Texas should be protected against 
Mexico. This is Cabinet day, and if anything important transpires 
I will advise you of it to morrow. 

With great respect, Yr Most Obdt. Servt 

Isaac Van Zandt 

[Here follows a copy of Calhoun to Van Zandt, August 14, 1844.*] 

:partment 
April 24, 18U 
Sib 

I respectfully transmit herewith an extract of the proceedings, 
containing the opinion, of the Court of Inquiry held at Fort Leaven- 
worth, Missouri, under the orders of the President, in the case of 
Captain Cooke of the U. S. Dragoons, in relation to the discharge 

a See note e, p. 207. 

b See Calendar of Correspondence with the United States in Part I. 



(Copy) ,^ ^ 

Wab Department 



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802 AMERICAN HISTOBIOAL ASSOCIATION. 

of the duty assigned to him for the protection of the Caravaa of 
Santa Fe traders over the territory of the United States to the Texan 
frontier in May and June 1843. 

Very Respectfully, Your Obdt. Servt 

Wm. Wilkins, Secretary of War 
Hon John C. Calhoun 

Secretary of State. 



<^py> Adjutant General's Office 

Washington April Zlfii. 1844 
Extract of the proceedings of the Court of Inquiry held at Fort 
Leavenworth, Mo, in the month of April, pursuant to "general 
orders" No. 6, dated February 28th. 1844, instituted by order of the 
President, "to examine into and report the facts respecting the 
manner in which Captain P. St. George Cooke, of the United States 
Dragoons, discharged the duties assigned to him for the protection 
of the Caravan of Santa Fe traders over the territory of thae United 
States to the Texan frontier in May and June 1843, whether, in his 
march, he disarmed the Texan force under Colonel Sniveiy, if so, in 
what territory and in what manner; and whether his conduct was 
harsh and imbecoming." 

"The Opinion''. 

In view of the foregoing facts, the Court is of opinion, that Captain 
P. St George Cooke, of the Regiment of United States Dragoons, 
on the 30th. of June 1843, disarmed a Texan force under Colonel 
Sniveiy, within the territory of the United States, by causing <^6m 
to lay down their arms, under an appropriate exhibition of military 
force of United States Dragoons; and that there was nothing in the 
conduct of Captain Cooke that was harsh and unbecoming" The 
Court is further of opinion that Captain Cooke did Bot iexeeed the 
authority for the protection of the lawful trade of the Sctnta Fe 
Caravan, "derived from the orders of the Secretary of War to the 
Commanding General of the army, dated March 28th. 1843, and 
of the Adjutant General to Colonel Kearney,^ dated March 29th. 
1843", and that the confidence reposed in him by his Government 
was not " in any degree misplaced". 
The Court then adjourned sine-die 

(signed) H. S. Turner 

Ist Lieut and Adjt Dragoons 

Recorder of Court 
(signed) S. W. Kearney 

Col U. S. Dragoons 

President of Court 
True Copy 

(signed) R. Jones 

Adjt. Oenl. 

a Kearny. 



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00BBB6P0NDENOB WITH THE UNITED STATES. 30S 

(Copy.) 

War Department 

June 27, 18U 
Sir 

In answer to your communication of this day, I have the honor to 
transmit h^i^-with copies of two letters of Wm. Armstrong Esq. 
Acting Superintendent of Indian Affairs West, and Choctaw Agent,* 
and a report erf the Adjutant General of the Army, which contain 
aU the information required, and not embraced in the letter of the 
SeCTetary of War to the Department of State, on the 11th. of May 
1843, so {«Lr as it ean^now be furnished by this Departm^at. 
I have the honor to be 
Very Respectfully 

Your Obedt. Servt 





D. Parker 




AdgSecyafWw 


To Hon. 




Jno. C. Calhoun 




Secretary of State. 





(Copy.) 

Adjutant General's Office 

Washington, June 27, 1844 
The Hon. Secretary of War, 
Sir 

I herewith submit a copy of Brigr. General Taylor's report of the 
2nd. of April, (marked B) relative to the protection alledged to have 
been given by an officer of the Army of the United States to persons 
concerned in an assault upon the Collector of Red River in the 
Republic of Texas, etc refered to in the letter of the Secretary of 
State trf this date, being the result of the inquiry directed to be 
made in the matter, as seen by instructions from this office to Genl. 
Taylor of the 11th. March, of which a copy is herewith furnished, 
(marked A). I also submit herewith a copy of Lieut Colonel Loomis' 
report (the officer implicated) to Genl. Taylor, dated April 20th. 
1843, which accompanied the General's communication of April 2. 
(Marked C). These are all the papers which have been received rela- 
tive to the subject. 

Respectfully submitted. 

(signed) R. Jones 

Adjt. Oerd. 

• Neither of these two copies Is on file with that of Parker's letter; but they most have been those of the 
two commtmicatlons of Armstrong to Crawford, one of April 10,1843, and the other ondated, that were 
enclosed with Van Zandt to Jones, Aogost 15, 1843. 



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304 AMEBICAN HISTORICAL ASSOCIATION. 

(Copy.) 

Adjutant General's Otficb 

Washington March 11th. 1844 
Sir 

You will see by the correspondence, copies of which are herewith 
enclosed, between Isaac Van Zandt Esq. Charge d' Affaires of Texas, 
and the Secretary of State, (and the accompanying papers) relative 
to an alledged assault upon the Collector of the Customs of Texas, 
for the District of Red River, and violation of the revenue laws of 
that RepubUc by sundry citizens of the United States, that com- 
plaint is made against Lieut. Colonel Loomis, commanding at Fort 
Towson, it being alledged that he protected the said assailants, in 
their persons and property, by placing a guard on board the Steam 
Boat "Fort Towson". I am therefore directed to call your atten- 
tion to this complaint against the officer of the army named, and 
that you report thereon for the information of the War Department 
and the Government. 

I am sir, very Respectfully 
Your Obdt. Servt 

(signed) R. Jones, Adjt. Oenl. 

Brigr General 

Z Taylor 

C<mCg 2ni. Deft 

Fort Smith, Ark. 



(Copy.) 

Hd. Qrs. 2d Mily Dept. 

FoH Smith April Sd 1844 
Sir 

Your communication of March 11th. with enclosures from 1 to 7, 
relative to an alledged participation of the Military force of Fort 
Towson, in an interference with the revenue laws of Texas in April 
1843, has been received. I respectfully enclose herewith, Lt. Ccl 
Loomis^ original report on the subject; dated April 20th. 1843, which 
will, I trust, be found satisfactory. His course was fully approved 
by me at the time, and the case seemed so plain that I did not deem 
it necessary to make any report to General Head Quarters. It will 
be seen from the Lt Colonels' report, as well as from the account of 
the affair given by the Texan Collector, in No 4," that the Military 
force had nothing to do with the forcible removal of the goods from 

a Bonrland to Secretary of Treasury of Texas, May 4, 1843. See Calendar of Correspondenoe with the 
United States in Part I. 



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CORBESPONDENCE WITH THE UNITED STATES. 305 

the custody of the revenue officer, that after they were placed on 
board the Steam Boat, and once more within the limits of the United 
States, a guard, at the appUcation of the Master of the boat, was 
placed over them, in which I deem that Lt. Col Loomis did not ex- 
ceed the limits of his duty, particularly as public stores were on 
board. It is believed that Col Churchill, Inspector General, was on 
board the Fort Towson at the time, and I would respectfully refer 
you to him for any further particulars. 
I am, Sir, very Respectfully 
Your Obdt. Servt 

(signed) Z Taylor Br^t Brig. Oenl. 

TJ. 8. Army, Comd'g. 
The Adjutant Genebal of the Abmy 

Wdshington D. O. 



(Copy.) 



He[a]d Quaetebs Fobt Towson 

SOth April 1843 
Cap. 

For the information of the Commanding General 2d. Mil. Dept. 
I have to inform you that on tuesday, 11th. inst, I was informed by 
the master of the Steam Boat, Fort Towson, that he had a large quan- 
tity of public stores, as well as merchandise, etc, belonging to mer- 
chants of Doaksville and Sutlers of the posts of Fort Towson and 
Washita, and that he was apprehensive of an attack from the Texan 
Custom-house officers, and requested a guard for his boat, which was 
lying about 35 miles, by land, below this. I sent Lt Merrill of the 
Riflemen, with 30 of his Company, and Lieut Ernst, of the 6th. In- 
fantry. Lieut Merrill has this morning returned, leaving Lieut 
Ernst and 10 men to come up on the boat. — No appearance of an 
attack — ^The river is rising and the boat expected to day. I am told 
these goods were stored on the Texan shore to lighten the boat, and 
seized by the Custom-house Officers of Texas, and afterwards taken 
by force from the store by the Master of the Fort Towson, therefore, 
he feared an attempt to recapture them. 

Although I do not sanction any attack upon Texas, I could not 
allow our boats to be molested. This was also the opinion of Col. 
Churchill. Immediately upon the news of their seizure, the Mer- 
chants of Doaksville etc sent an express to Washington, Texas, to 
demand their release. I wrote our Charge d' Affaires, requesting 
him to use his influence to procure the restoration of these goods. 

3d728**— VOT. 2, PT 1—11 210 



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S06 AMERICAN HISTOBIOAIi ABSOCIATIOlf. 

I believe the re-capture was the act of the master etc of the Fort 
Towson, and unknown to the Merchants and owners of the goods. 
Respectfully, Sir, 

Your Ob Servt. 

GLooMis 
Lt C6L 6: Inf 

Oammg, 
Captain W. W. S. Bliss 

AssL Ad ft Oerd, 

FoH Smith 

Ark. 

[Here follows a copy of Van Zandt to Calhoun, August 16, 1844.^] 



Bboweb to Van Zandt.* 



Calhoun to Van Zandt.^ 



Van Zandt to Jones.** 
No. 129. 

Legation of Texas 
Washington D. C. August 19th. 18U. 
Hon Anson Jones 

Secretary of State 
Sir 

I have the honor to enclose you herewith a copy of my note of the 
10th. instant to the Secretary of State of the United States request- 
ing the delivery of two boys said to have been taken prisoners on ih/& 
Trinity River, and now among the Wichitaw Indians, together with 
a copy of the reply thereto of the 17th. instant which I have >u3t 
received. You will perceive from my note to Mr. Calhoun that I 
derived the information concerning the boys through the letter of 
Mr. Upshaw Chickasaw Agent. I have no knowledge of their names 
or ages. It was stated by the Indian Chief who gave the information 
to Mr. Upshaw, that their parents were murdered at the time of 
their capture. The boys will no doubt be recovered and sent to the 
Chickasaw Agency. Would it not be well to publish the fact that 
the friends of the boys may take the necessary st^s to secure their 
safe return ? 

• See Calendar of Correspondenoe with the United States in Part I. 
h August 16, 1844. See Van Zandt to Jones, August 19, 1844. 

eAugust 17, 1844. See Van Zandt to Jones, August 19, 1844 . 

'L.8. 



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G0BBB8P0NDSNCB WITH THE UNITED STATES. 307 

I did not deem it necessary to await your instructions in this mat- 
ter, but thought it best to act promptly lest the delay might embar- 
rass the object. I hope the steps I have taken may meet the appro- 
bation of the President 

I have just received a letter from Mr. Brower, dated 16th. instant, 
in reply to certain inquiries which I addressed him respecting the 
Mexican Steamers now at New York. I send you an extract of the 
same. In a few days I expect to hear from him again when I may 
think proper to write you further on the subject. 

With the highest respect I have the honor to be 
Your Most Obedt. Servt. 

Isaac Van Zandt 

[Next come copies of the following :<» Van Zandt to Calhoun, 
Augtist 10, 1844; Calhoun to Van Zandt, August 17, 1844.] 



(Extract from Mr. Brower's letter to Mr. Van Zandt) 

"Consulate op Texas New York 

August 16th, 18U 
Dear Sm 

I acknowledge with pleasure your much estd. letter of 12th inst. 

I have heard it rumored that the Steamers "Guadalupe" and 
"Montezuma" are to be manned, or partially so with U. S. seamen 
when they leave here, but as yet, I am not enabled to write you with 
that degree of certainty upon this point which I hope to do in a few 
days, having a friend, who can approach the matter in the right place, 
as I think, now seeking information for me. 

I think with you, it might not be policy to interfere with the ship- 
ment of the crews of these steamers — except so far to have knowledge 
of the fact, as to rebut any charges by Mexico against the United 
States and her citizens for doing towards Texas that which, in repeated 
cases, Mexico has attained for herself. Nor do I believe but that 
Amer. seamen on board these ships might easily be taught to feel 
more patriotism for Texas than Mexico, provided a few good and 
sagacious friends of Texas could be shipped on board each vessel. 

There can be but little doubt that England is endorsing Mexico 
in the proposed campaign. England prefers Texian Independence 
with free ports, and second to this she sees her interest clearly in 
returning Texas to the Gk)vt. of Mexico in preference to annexation 
to the U. S. She is acting on this principle with that secrecy and 
sagacity which control all the great measures of her Cabinet Counsels." 

The above is a true extract 

Chas. H.. Raymond * 

Secty of Legation 



a See Calendar of Correspondenoe with the United States In Part I. 
^ Autograph. 



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308 american histobigaii association. 

Van Zandt to Calhoun « 



Raymond to Jones.* 



Raymond to Jones.* 



WiLKiNs to Calhoun.*' 



Thomas to Abbucklb.<* 



Raymond to Jones.« 



Ceawford to BooNiE./ 



Wilkins to Calhoun.^ 



Calhoun to Van Zandt.* 



Van Zandt to Calhoun.* 



Calhoun to Howard.^ 



Van Zandt to Calhoun.* 



Calhoun to Van Zandt.* 



a August 24, 1844. See Van Zandt to Jones, September 11, 1844. 

^ August 28, 1844. See Calendar of Correspondence with the United States in Part I. 

c August 29, 1844. See Calendar of Correspondence with the United States in Part I. 

d August 31, 1844. See Van Zandt to Jones, September 11, 1844. 

« August 31, 1844. See Calendar of Correspondence with the United States in Part I. 

/ August 31, 1844. See Van Zandt to Jones, September 11, 1844. 

g September 5, 1844. See Calendar of Correspondence with the United States in Part I. 

* September 6, 1844. * See Van Zandt to Jones, September 11, 1844. 
i September 9, 1844. See Van Zandt to Jones, September 11, 1844. 

/ September 10, 1844. See Calendar of Correspondence with the United States in Part I. 

* Septembtf 10, 1844. See Van Zandt to Jones, Septemba 11, 1844^ 



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gobbesponbekge with the united states. 309 

Van Zandt to Jones." 
No. 130. 

Legation op Texas 

Washington [City] llUi. Sept. 18U 
Hon Anson Jones 

Secretary of State 
Sib 

Your dispatch of the 13th. of July, last, notifying me of the accept- 
ance of my resignation was not received until a short time ago, when 
I was prostrate with a severe billions attack and confined to my bed. 
To-day is the first time for twenty one days that I have left my rooms. 
I have this day presented my recall and taken my leave of the Presi- 
dent, and shall start for home as soon as I am able to travel. I will 
forward you by the next opportunity a copy of my speech, and the 
Presidents reply. 

I send you with this several communications made to and received 
from the Department of State of the United States, which will explain 
themselves. 

I have seen the valuation of the guns taken from Colonel Snively's 
command and think them estimated at their full worth. 

Mr. Raymond will acquaint you of the receipt of several despatches 
directed to him. The one in relation to the Indian treaties, requiring 
immediate attention, I deemed it best to make a communication 
upon the subject. Mr Raymond then caUed at the Department and 
superintended the arrangement. 

I had hoped to be able to give the subject of the movements of the 
United States troops and Navy more attention than I have been able 
to do. Mr Raymond has seen Mr Calhoim several times on the sub- 
ject, and Mr. Calhoun has been kind enough to caU at my room fre- 
quently, but it was impossible, owing to my feeble state, to discuss 
the matter at any length. I have not learned what will exactly be 
their course and how far they will go. General Howard will be fully 
instructed so Mr. Calhoim informed me; — other important papers will 
be sent him to commimicate to you, — eJl of which I trust may be sat- 
isfactory to the President. 

I have great confidence that Polk will be elected, if so, annexation 
will be certain, if Texas continue to desire it, which I trust she may. 

Mr Calhoim has promised to show us the dispatch to General 
Howard. 

I shall deliver as directed all the archives of the Legation to Mr 
Raymond, who, I have informed the President and Secretary of State, 
will proceed to discharge the duties of the Legation, as Acting Charg6 
d' Affaires. 

I shall write you again when I am more able. 
With great regard 
Truly Yours 

Isaac Van Zandt. 



• L. S. 



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810 AMISIGAN HIBTOBIGAIi ABBOGIATIOir. 

[Next come copies of the following :<* Van Zandt to Calhoun, August 
24, 1844; Calhoun to Van Zandt, September 6, 1844; Thomas to 
Arbuckle, August 31, 1844;* Crawford to Boone, August 31, 1844; 
Van Zandt to Calhoun, September 9, 1844; Van Zandt to Calhoun, 
September 10, 1844, taking leave; Calhoun's acknowledgment, 
bearing the same date.] 



Raymond to Jones.* 



Calhoun to Howajrd/ 



Ratmokd to Jones.<* 

N0.U1. 

Legation of Texas 
Washington City, September 12th. 1844- 
Hon Anson Jones 

Secretary of Staie 
Sm: 

Your dispatch of tJie 29th. of July, last, addressed to me «s Acting 
Charg6 d' Affaires, in relation to a contemplated Indian Council, was 
received on the 23rd. ultimo, at a time when Mr Van Zandt, who did 
not present his letter of recall until yesterday, was very ill. He 
however immediately addressed a note to the Secretary at State of 
the United States upon the subject; and the orders from the Adjutant 
General's Office and the instructions from the Conunissioner of Indian 
Affairs of the United States, copies of which were aiclosed to you in 
dispatch No 130, will inform you of the steps taken by this Govern- 
ment in the matter. 

The Conmiissioner, Captain Boone, with his company of dragoons, 
will probably reach the Council groimd about the 1st. proximo, but in 
any event, it is to be hoped the Indians will be detained until his 
arrival. 

Your dispatch of the 5th. ultimo enclosing copies of the replies of 
the President and Secretary of War and Marine to the Communication 
from Genl Adrian Woll of the 19th of Jime last, was also received the 
23rd. ultimo. I showed the President's reply to Mr Calhoun who 
expressed much gratification at its tone and spirit. 

a See Calendar of Correspondenoe with the United States In Part I, for all except the last two, whloh hxn 
not been published. 

6 C/.WlUdns to Calhoun, September 6, 1844. See Calendar of Correspondence with the Uoited States in 
Parti. 

eSeptember 13, 1844. See Calendar of Correspondenoe with the United StatesinPWBtL 

'A. L. 8. 



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COBBB6PONDBNCE WITH THE XmiTm) STATES. 311 

Your dispateh of the 6th. nltbno, by express, concerning the 
immediately expected hostile moTements of Mexico^ with the accom- 
panying documents, reached here two weeks ago. Cki the same 
evening I called upon the Secretary of State (Mr. Van Zaadt being 
too ill to leave his room) and in pursuance of your instructions made 
known to him and afterwards to the President of the United States, 
the President's understanding of the pledges and assurances given by 
their Government for the protection and support of Texas against 
foreign aggression. The Secretary of State informed me of the receipt 
t>f Grenl. Howard's dispatches upon the same subject, and assured me 
they would be immediately considered and acted upon by his Gov- 
ernment; and that Oen^al Howard would be amply instructed in 
regard to the measures that would be adopted by this Government in 
fulfillment of its pledges, and directed to commimicate the same to 
your Department. I had several more interviews with him in 
reference to this subject, and he had the kindness to call repeatedly 
at Mr Van Zandts lodgings, where it was discussed as thoroughly as 
his weak state of health would admit. The true state of the case 
having been brought to the attention of this Government by the 
correspondence which passed between your Department and Genl. 
Howard, it seemed to be unnecessary to address a written communi- 
cation upon it to the Department of State here. 

We have been £&own a very strong and able paper from the Depart- 
ment of State of the United States to their Minister at Mexico to be 
communicated by him to the Mexican Government, protesting against 
a renewal of the war and its manner of conduct against Texas, and 
declaring that the United States will view any attack upon her by 
Mexico as highly offensive to th^n. — A cop/ of it will be furnished 
you by Genl. Howard. 

Since writing the above Mr Calhoun has sent us his dispatch, to 
Genl Howard, to peruse, and to our surprise nothing was mentioned 
in it respecting the disposition to be made of the land and naval 
forces of the United States in order to our protection. I inamediately 
called at the Department of State and expressed to Mr Calhoun my 
surprise and disappointment at the omission. He replied that the 
assurances of his Government on that point were already full and 
exphcit; that I might however reassure my Government that the 
orders, given at the time tiie treaty was made, to Brig' GenL Taylor 
and conmaodore Connor, were continued in their full force and 
operation — that there would be no change in the present position 
and organization of the army — that a large naval force would soon be 
in the Gulf and that two or more (or as many as might be necessary) 
vessels of War would be stationed at Galveston, before any attack 
should foe attempted upon that place. 



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812 AMERICAN HISTOBICAL ASSOCIATION. 

I shall continue to press upon the (Jovemment of the United States, 

by every consideration in my power to offer, the high obligations they 

are under to afford us prompt and efficient aid and protection against 

our enemy, and will address you again upon the subject in a few days. 

I have the honor to be with high regard 

Your Obedient Servt. 

Chab. H. Raymond 

Calhoun to Donelson.* 



Thomas to Taylor.** 



Thomas to Arbuokle.'' 



Calhoun to Raymond.* 



Raymond to Jones.* 
No. 132. 

Legation of Texas 
Washington D. C. Sept. 19th. 18U 
Hon Anson Jones 

etc. etc. etc 
Sm 

The painful news qf Grenl. Howards' death reached here on the 
15th. Instant, and caused among his numerous friends and acquaint- 
ances the most unfeigned grief. 

On account of the interesting position of Texian affairs the President 
of the United States lost no time in appointijog another Chargfi 
d' Affaires to our Government. The appointment has been confered 
upon Andrew Jackson Donnelson, nephew of Grenl Jackson. A 
special message was dispatched to him on yesterday morning ^th 
his commission and instructions. If he accepts, of which no doubt is 
entertained, he is directed to proceed with all possible speed to our 
seat of Government and communicate to your Department the meas- 
ures taken and to be taken by this Government in fulfillment of its 
pledges of protection. In addition to the protest of this Government 
to Mexico, refered to in my last dispatch, a copy of which the United 
States Chargfi is directed to communicate to you, and its orders for 
the return of Commodore Connor, with the vessels of War imder his 

a September 17, 1844. See Calendar of Correspondenoe with the United States In Part L 
» September 18, 1844. See Calendar of CocnspondQDoe with the United States In Part L 
CA.L.S. 



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COBBESPONDENCB WITH THE UNITBD STATES. 818 

command, to the Gulf and along our coast, Mr Donnelson has been 
authorized and instructed, upon representations being made to him 
by our Government that there is reason to apprehend an attack 
upon our frontiers by any of the various tribes of Indians upon and 
adjacent to the boimdary line of Texas and the United States, 
through the instigation of emisaries of the Mexican Government or 
from any other cause, and upon a request being made by us that 
United States troops be stationed within our limits for the purpose of 
restraining by force these Indians, to order the troops from Fort 
Jesup, Fort Towson etc to such points and places in Texas as may 
be deemed best for our security. Probably San Antonio would be 
one desirable point at which to station a large detachment. Mexico 
could not complain of such a step for it would be in strict accordance 
with the 33rd. article of her treaty of 1831 with the United States, and, 
under that article of the treaty, Texas has the right to demand this 
course of the United States. 

A letter has just been received by this Grovemment from its 
Cherokee Agent giving information that Mexican emisaries have 
been and are now among the Indian[s] on the borders of the United 
States and Texas, endeavouring to instigate them to join our enemy 
in the contemplated invasion; and I am confident you will be enabled, 
at home, to furnish such facts and evidence to the United States 
Charg6 d' Affaires, in relation to the disposition and probable designs 
of these Indians under the influence of Mexico, as will fully authorize 
him to give the orders alluded to. 

The President of the United States left the city on the 17th. inst 
on a visit of a few days to the Springs in Virginia. Mr Calhoun will 
leave next week on a visit to South Carolina. 

The last dispatch received from your Department is of the 6th. ult. 

I have the honor to be with sentiments of high regard Your Most 

Obedt. Servant. 

Chas. H. Raymond. 

Raymond to Jones." 
No. 133. 

Legation of Texas 
Washington D. O. October 1st. 1844 
Hon Anson Jones 

etc. etc. etc. 
Sm 

The Mexican Steam vessels of War, ^^Gaudalupe" and ^'Monte- 
zuma" are still at New York.^ I have had several conversations, 
recently, with the Secretary of State in regard to them, and he has 
assured me in the most positive terms, that they will not be permitted 

aA.L.S. » See note (w p.m. 



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314 AMEBIOAN HISTORICAL ASSOGIAnOir. 

to increase their equipment, or armament in the smallest degree 
within the territories of the United States. He also informed me 
that the President has dispatched a special agent, a legal gentleman 
of this city, to New York, who with Mr Hoffman the United States 
District Attorney, is directed to keep strict watch upon ttieir move- 
ments, collect evidence, and, in case they commit any act contaraven- 
ing the laws of neutrality, to institvite the necessary l^al process 
for their detention. Owing however to the want of proper mimicipal 
regulations, in this country, to give eflSciency to the law of nations 
in such cases, I very much fear they will be suffered to depart 
unmolested. 

I was on yesterday permitted to read at the Department of State 
a portion of a Dispatch from Mr Green, dated at the city of Mexico 
the 20th. of August, last. He states, in substance, that since the 
arrival of a late Packet from England, the Mexican Government had 
changed its plan of attack upon Texas — ^That instead of an invasion 
by land they now contemplate an expedition by sea, which shall 
blockade Galveston, demolish the city, exterminate the inhabitants, 
and thus, at once, spread consternation and dismay through every 
part of our country. This to be done, immediately upon the arrival 
of their two Steamers from New York and those expected from 
Great Britain. 

I called yesterday upon the Secretary of the Navy and was informed 
by him that orders had gone to Commodore Connor to proceed forth- 
with with the vessels under his command, on a cruise to iixe Gtilf c^ 
Mexico and along our coast. How far the presence of such a force in 
the Gulf, in connection with the protest which the United States 
Minister at Mexico has been instructed to make to the Mexican Gov- 
ernment, concerning the renewal of hostilities at this time against 
Texas, a copy of which I presmne you will have seen before this 
reaches you, will deter the contemplated hostile movements of our 
enemy future events must determine. In my opinion there will be 
no serious invasion either by land or sea, it is wise, however, to be 
prepared for any emergency that may arise. 

It is not yet known, here, whether Mr Donnelson has accepted the 
appointment of Charg6 d 'Affaires to Texas, but it is presumed he has, 
and that he is now on his way to his post. 
With the highest regard 

I have the honor to be 

Your Mo Obdt Servt. 

Chas. H. Ratmokd 



Shannon to Rej6n.* 



a October 14, 1844. See Donelson to Jones, December 6, 1844. 



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COBBIBPOKDENCE WITH THE UNITBP STATES. 815 

JONEB TO ReULT. 

Department of State 
Washington [Texas] Oct 16ih. 18U 
To, 

Col. James Reilt 

ChargS ^Affaires of the RepyMic of Texas 

etc etc etc 
Sm, 

You have been appointed Chargfi d' Affaires of this Government to 
that of the United States and I have the pleasure to transmit you 
herewith your commission as such, your letter of Credence to be 
presented to the Secretary of State of that coxmtry, with a copy of 
the same ^ and also a full power to negotiate Treaties etc. 

So soon as it may be convenient it is desired that you will repair to 
the City of Washington and assume the duties of that Legation. Mr. 
Raymond is now in charge of its duties and has its archives, and will 
on your arrival resign the former into your hands and place at your 
disposition the latter. Among the Archives you will find instruc- 
tions for your governance. Others will be forwarded you from time 
to time from this Department 

The subject of most pressing and immediate importance, is that of 
the aid and protection to be rendered this country by the United 
States in the event of a resumption of active hostilities by Mexico, 
under the pledges and assurances given, previous to intering into 
negotiations for the Treaty of Annexation. Should the (Government 
of the United States not be wiUing to fulfill all those pledges in the 
most ample manner and to protect us both by sea and land, by the 
employment of a sufficient force in case of any hostile demonstrations 
on the part of our enemy, a knowledge of the fact must of course have 
a very considerable influence in determining the future policy of Texas 
in reference to annexation 

The unfortunate death of Gen Tilghman A. Howard the U. S 
Chargfi near this government has prevented my recieving the prom- 
ised copies of the instructions sent to him and to Qov. Shannon 
Charg6 to Mexico. I am consequently as yet ignorant of the precise 
course adopted by the Cabinet at Washington in reference to the 
appUcation made to it some time since for a redemption of those 
pledges, when invasion was threatened by Mexico. 

The President and Commissioners have returned from the Indian 
Council at Tawaccono Creek. A Treaty of Peace was concluded 
between Texas and, the Chiefs of the Commanches Wacos Caddos 
and several other tribes of Indians. The Commissioner on the part 
of the United States Capt Boone, unfortunately did not lurive in 

a A copy of this letter, dated October 16, 1844, b on file, but the other inolosores mentioned haye not 
beenloand. 



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816 AMERICAN HISTORICAL ASSOCIATION. 

time to be present at the Treaty. This circumstance was very much 
regretted by the President, and he used every effort to detain the 
Commanches untill Capt. B. should arrive but without success. They 
were very restless probably under some alarm for their personal safety, 
and would not wait. You will explain this matter to the Secretary 
of State of the U. S. and prevent any misconstruction being placed 
upon the conduct of the President and Commissioners of Texas 
I have the honor to be very Respy. 
Your Ob Svt 

(Signed) Anson Jones 



Jones to Raymond. 

Department op State 

Washinffton Oct. iJiih. ISU-'' 
Sm, 

I have the honor to inform you that the Hon. James Reily has 

been appointed Chargfi d'Affaires of this (lovemment to the United 

States. It is probable that Mr. Reily may reach Washington about 

the first of December next, when he will enter upon the duties of his 

oflBce. 

In the mean time you will be governed by the instructions you 

have heretofore received from this Dept. 

I have the honor to be, 

Very respectfully. 

Your Obt. Servant, 

(Signed) Anson Jones. 

Hon. Charles H. Raymond, 

ActxTig Chargi d^ Affaires 

etc. etc. etc. 



Shannon to Calhoun.* 



Rej6n to Shannon.** 



Shannon to Rej6n.<* 



Rej6n to Shannon.* 



o Received Noyember 28. Bee Raymond to Secretary of State of Texas, December 4, 1844. 
» October 28, 1844. See Calendar of Correspondence with the United Statea In Part I. 
e October 31, 1844. See Donelson to Jones, December 6, 1844. 
d November 4, 1844. See Donelson to Jones, December 6, 1844. 
• November 6, 1844. See Donelson to Jones, December 6, 1844. 



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coebbspondenoe with the united states. 317 

Shannon to Rej6n.<* 



Reillt to Jones.* 



Raymond to Jones.** 
Dispatch No. 134. 

Legation of Texas 
Washington D. C. Nov 27th. 18U 
Hon Anson Jones 

Secretary of State 
Sm 

Mr Brower, our Consul at New York, addressed me a note a few 
days ago informing me that business of importance called his atten- 
tion to Europe for a few months, and requestmg leave of absence 
from his Consulate from the latter part of this month until March or 
April next. I granted him the leave which he desbed, and directed 
him to appoint some suitable person as Vice Consul during his absence. 
He has accordingly placed the business of the Consulate in the hands 
of his friend, WilUam S. Pierson Esq., Counsellor at Law, who, he 
says, is a staunch friend of Texas, and every way worthy the confi- 
dence of our (Jovemment. 

The two Mexican War Steamers, the ''Montezuma" and the 
"Gaudalupe" and the brig of War ''Santa Anna" sailed from New 
York the 24th. Inst for Vera Cruz.** 

Mr. Shannon, United States' Minister in Mexico, in a recent dis- 
patch to his Government, says that Mexico is entirely without the 
means to make a move against us, and that there is a strong proba- 
biUty of an immediate revolution in that already distracted country. 

It is important that the evidence concerning the illegal seizure of 
certain goods in the possession of the Collector of the District of Red 
River by citizens of the United States, for which indemnification has 
been demanded of this (Jovemment, should be prepared and trans- 
mitted to your Representative, here, as early as possible. This (jov- 
emment is now preparing the case to submit to Congress. 

The latest communication which I have received from your Depart- 
ment is dated the 6th. of August, last. 

I have the honor to be with sentiments of high regard 
Your Mo. Obedient Servant 

Chas. H. Raymond 

a November 8, 1844. See Donelaon to Jones, December 6, 1844. 

b November 10, 1844. See addenda to Calendar of Correspondence with the United States. 

eA.L.S. 

tf See note b, p. 299. 



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318 AMEBICAN HISTORIC AI. ASSOGIATIOK. 

Addbess op Donelson on PBEABKTnrG His Credentials** 



Bbplt of Jones to Donelson's Address.^ 



Address of Donelson's to Houston.* 



Reply of Houston to Donelson Address.* 



Donelson to Jones.* 

Washington [Texas], December 2d, 1844 
To the Honble 

Anson Jones 

Secretary of State of Texas 
Sm, 

Finding among the mstructions directed to this legation, by the 
Government of the United States, a despatch to the late CSiargfi 
d' Affaires, Grenl Murphy, in relation to a complaint against the col- 
lector of the customs at Sabine in Texas, growing out of his attempt 
to collect Tonnage duties from the United States Schooners Louisiana 
and William Bryan, under circumstances of threatened violence, 
which resulted in an agreement by the Masters of those vessels to pay 
said duties, if the two Governments should decide that they were 
legally imposed: and not perceiving from the records of the legation 
that the views of my Government on the subject, if communicated to, 
received the consideration of, this Government, I avail myself of the 
earliest opportunity since my arrival to soUcit your attention to it. 

You will perceive, from the papers, herewith transmitted, showing 
the circumstances and character of the transaction, that the authority 
to collect those duties cannot be recognized by the United States, 
without a surrender of their jurisdiction of the waters of the Sabine 
Pass, Lake and river — a jurisdiction clearly acknowledged by the 
Treaty of limits between the United States and Spain, and necessarily 
resulting from the admission of the boundary line, since run and 
marked by duly appointed commissioners on the part of both Texas 
and the United States 

Not supposing it can be intended to deny to the United States 
jurisdiction of the waters of the Sabine, from its mouth in the sea, 

a Undated, but presented during the latter part of November or the earlier part of December, 1844. Bee 
Calendar of Correspondence with the United States in Part I. 
» Undated. Bee Calendar of Correspondence with the United States in Part I. 
eA. L.B. 



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OOBBESPONIWENCB WITH THE UNITED STATES. 319 

along its west Bank to the 32d degree of North latitude, as ascer- 
tained by the line referred to, it is presumed by my Government that 
this claim of tonnage duties was made without full consideration on 
the part of the collector, and without orders from the Government 
of Texas. 

The President of the United States, therefore, doubts not that a 
mere statement of the facts of the case to this Government will pro- 
duce such an order as will cancel the obUgation required of the Cap- 
tains of the Louisiana and William Bryan, and such instructions as 
will prevent hereafter a recurrence of like grievances. In conveying 
this expectation it cannot be necessary for me to dwell upon the 
tendency of such complaints to interrupt the friendly feeling between 
the citizens of the two RepubUcs, which it is so much the wish of the 
two Governments to promote, — or to make assurances of the deter- 
mination of my Government, in the exercise of its acknowledged 
rights, to obstain from every act which can be deemed questionable 
concerning the rights or even the feelings of the Government or people 
of Texas. 

I have the honor to be, with sentiments of great 

respect, your Excellency's very obedient servant 

A J DONELSON 



Mr. CticuUu to Mr. Si>encer. 

COLLECTOBS OfFICE 

New Orleans ^th April 18U . 

SlB 

I have the honor to transmit to you, herewith, the Deposition of 
two American Captains and their mates, who were compelled by 
threats of being sunk, to land in Texas and there give their obligatiooi 
to pay one dollar per ton to the Texian oflBicer of the Customs, which 
they did under protest (No 2), also the reply of Hon Batie<* Peyton to 
a letter addressed to him on the subject by me. 

This being a very grave matter and one Ukely to lead to very dis- 
agreeable results to both countries, I most respectfully request your 
instructions upon the subject at your earUest convenience. 
I have the honor to be, very 

respectfully. Your Obt Svt. • 

(Signed) M. S. Cxjcullu CoUedcr. 

Hon 

John C. Spenceb, Secretary 

of the Treasury. 

s BaUe. 



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320 AMEBIOAN HI8T0BICAL ASSOCIATION. 

ICr^ Peyton to Mr. CacoUu. 

Office of the District Attorney. 

April 26th, 18U> 
Sm, 

I am in receipt of your letter of the 25th inst transmitting copies 
of the depositions of two American captains and their mates, in the 
coasting trade, who while in the waters of the United States, in the 
Sabine, were compelled by threats of having their vessels sunk, to 
land on the Texas side, and there pay or give their obligation to pay 
to the Texian officer of the Customs, one dollar per ton. That the 
said Captains are about to clear for the Sabine, and not wishing or 
intending to stop at a foreign port, request instructions and protec- 
tion from this office. And upon this subject you ask my opinion. 
This is a subject of grave importance, and one which more properly 
belongs to the Executive departments of the governments of the 
United States and Texas. 

According to the treaty of 22nd February 1819, and the third 
article thereof, the boxmdary line between the two coimtries (Spain 
and the United States) west of the Mississippi; shall begin on the 
Gulph of Mexico, at the mouth of of the River Sabine, in the sea con- 
tinuing North along the western lanTc of that river to the 32nd degree 
of latitude, thence by a line due North to the Rio Roxo or Red River. 
And all the Islands in the Sabine and the said Red and Arkansas 
rivers, throughout the course thus described to belong to the United 
States, but the use of the waters, and the navigation of the Sabine 
to the sea, and the said rivers Roxo and Arkansas, throughout the 
extent of the said boundary, on their respective banks, shall be 
common to the inhabitants of both nations. 

From which it is clear that the United States own and hold sov- 
ereignty over the whole extent of the Sabine river up to the degree 
mentioned in the treaty and that it is a violation of her laws, and the 
rights of her citizens to molest or hinder them in the navigation of 
the waters of the Sabine river, under the circumstances mentioned. 

I think that you should extend all reasonable protection to Ameri- 
can vessels in the coasting trade, while navigating that river. The 
means to be used are to be determined on by yourself imder the 
advice of the Department at Washington. And in the meanwhile I 
would suggest the propriety of resorting to no course which may 
have a tendency to produce violence or bloodshed, xmtil the two 
governments of whose pacific and friendly disposition towards each 
other there can be no doubt, shall have an opportunity of giving 
instructions on the subject. 

I am, very respectfully, 

Your Obedient servant, 

(Signed) Balie Peyton. 

To M S CucuLLU 

Collector. 



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COBBE8PONDENCE WITH THE UNITED STATES. 821 

New Orleans April 2Sd, I844. 
To the Collector of the Customs at New Orlecms 
Dear Sm, 

The undersigned, Masters of the Schooners Louisiana and William 
Bryan, together ¥rith their Mates, do certify, that after having taken 
a cargo of Texas cotton on board, from Texas bottoms, while at anchor 
in the Sabine Lake, and in passing out of said Lake, we were forced 
to come to anchor by the firing of two large gims from the Texas 
Band,^ and demanded to pay one dollar per ton for the full tonnage 
of our vessels; and refusing to comply, were told by the Texas Col- 
lector that he would fire into, and sink us if he could. Having not 
Uie amount of any money with us to meet such demand and believing 
such to be no better than robbery upon the high sea, we made a 
written proposition, which the CoUector accepted. Accompanying 
this is a duplicate. Hoping to be protected by our government in 
the United States, we submit this to your consideration beUeving in 
the mean time you will protect us from further trouble, from the same 
source, imtil the final settlement by the U. States. 

We remam wiin esteem 

Yours very respectfully 
Master of Schooner Louisiana (signed) Daniel B. Eddy 

Mate Jno W Jones 

Master of Wm Bryan D. N. Moss 

Mate Abnbr Brown 



Sabine Pass 
April 17th 18U 
Whereas by a late act of Congress of the Republic of Texas, a 
Tonnage duty of one dollar per ton has been imposed upon foreign 
vessels, among which are included American vessels, and Whereas 
the American Schooner Louisiana, Daniel Eddy, Master, and William 
Bryan, D N. Moss, Master, now both lying in the Sabine pass, believ- 
ing the imposition of said tonnage duty to be improper and not 
having the amoimt of Money required to be paid, nor any way of 
now obtaining the same, at this place and with a disposition to avoid 
all difficulty between the Collector of Customs at Sabine in Texas and 
the Masters of said vessels, it is hereby mutually agreed between the 
said parties that the Collector of Customs aforesaid William V C 
Dashiels ^ Esq. hereby agrees to accept from the said Daniel Eddy 
and D. N. Mc«s, their respective promissory notes to be indorsed by 
each for the other for the respective sums of money due by them as 
tonnage money upon their vessels at this time, and which said notes 
are made a part of this agreement by consent of all parties to the 



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322 AMERICAN HISTORICAL ASSOCIATION. 

same the said Collector acting in this matter for himself and for his 
government of the Republic of Texas, and the said Eddy and Moss, 
for themselves and the respective owners of their said vessels. Now 
the condition of this obligation is such that if the government of the 
Ubited States and the Republic of Texas shall hereafter mutually 
agree that it is right and proper that the said tonnage money shall 
be paid by American vessels entering and departing from the Sabine 
Pass or Sabine Lake, having on board a cargo of cotton or other 
Texas produce, the same having been received on board while lying 
at a distance from the Texas shore, and taken on board from flat or 
keel boats entering said Lake or pass from the Sabine and Neches 
Rivers, then the said Eddy and Moss agree to pay said sums of Money 
as are expressed to be paid in said promissory notes, or should said 
governments agree that the said tonnage is not or should not [be paid], 
the said Collector or whosoever may be in possession of said notes 
shall deliver the same to said Eddy and Moss or their properly 
authorized agents. In witness whereof we have hereto set oiu* hands 
and seals, this 17th day of April A. D. 1844. 
(Signed) D B. Eddy 

D. N. Moss 

Wm V C. Dashiell, Collector 

District Sabine 
Witness 

Stewart Newell 
Peter Stockholm 



Sabine Pass 

April 17th 18U 
Dollars 96 

We or either of us hereby promise to pay to W. C. V. Dashiel or his 

successor in ofl5ce as Collector at Sabine Pass in Texas, ninety six 

dollars of the lawful currency of the Republic of Texas, so soon as 

the same may become due as expressed in the article of agreement 

entered into this day by said parties, and which is hereunto annexed 

(Signed) D. N. Moss 

(Endorsed) D. B. Eddy 

Sabine Pass 17ih April 1^.^. 
Dollars 99 

We or either of us hereby promise to pay to W. C. V. Dashiell (or 
his successor in office as Collector at Sabine Pass in Texas) ninety- 
nine dollars of the lawful currency of the Republic of Texas, as soon 
as the same may become due as expressed in the article of agreement 
entered into this day by said parties and which is hereunto annexed. 

(Signed) D. B. Eddy 

Endorsed D. B. Moss 



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oorbespondencb with the united states. 323 

Calhoun to President op United States [Tylee]. ** 



Calhoun to Raymond.* 



Raymond to Calhoun.'' 



Raymond to the Secretary of State of Texas [Jones]*'. 

Dispatch No. 135. 

Legation of Texas 
Washington D. C. Deer. 4ih. 18U 
To the Honorable 

Secretary of State 
Sm: 

I had the honor, on the 28th. ultimo, to receive your dispatch of 
the 24th. of October, last, notifying me, that the Hon. James Reily 
had been appointed Charg6 d'Affaires of Texas to the United States, 
and that he would probably reach this city about the l8t. of this 
month to enter upon the duties of his oflBice. He has not yet arrived, 
nor have I heard from him since the 10th. ult, when he was in Ohio. 

Enclosed herewith I transmit to your department a copy of the 
note of Mr Calhoun, Secretary of State of the United States, and my 
reply thereto, respecting the evidence required in the case of the out- 
rage committed by certain citizens of the United States upon the 
Collector of the District of Red River. This case, together with the 
Snively affair, has been brought to the attention of Congress in the 
President's Message, in order that the necessary appropriations, for 
the indemnity demanded by our Government, may be made; and it 
is hoped you wiU soon enable your Representative, here, to communi- 
cate the evidence alluded to, to this Government for the information 
and action of its Congress. 

I also enclose you a copy of the annual message of the President of 
the United States to both Houses of Congress,^ which was communi- 
cated to them on yesterday. It recommends, as I anticipated, the 
adoption of a joint resolution embracing the terms of the late treaty 
of annexation. 

It is altogether imcertain what will be the action of the present 
Congress on this subject, but I am firm in the belief that, if it remain 
unsettled until Mr. Polk comes in, he will, at once, convene an extra 

a December 2, 1844. See Calendar of Correspondenoe with the United States in Part I. 

h December 2, 1 S44. See Raymond to Jones, December 4, 1844. 

eA. L. 8. 

tf See Bldiardson, Matage* and Fapirt, IV, 334 e< ieq. 



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324 AMERICAN HISTORICAL ASSOCIATION. 

session of Congress, which wiU carry the measure by a large majority, 
unless, in the mean time, Texas, herself, interpose some ol^tacle to its 
consummation. Annexation is the great and all-absorbing question 
of the day in this country. The whole south and a considerable por- 
tion of the north are in its favor and determined on its accomplish- 
ment. It will be for Texas to say whether she wiU consent to annexa- 
tion, and upon what terms. 

I send you by the mail of to day the '* National Intelligencer" of 
this morning, and the ** Globe'' of yesterday and to day, from which 
you will gather their views of the President's Message. 

I will continue to send you the newspapers and to keep you advised 
of every thing important that occurs. 

I have the honor to be with great regard 
Your Obedient Servant 

Chas. H. Katmond 



(Mr Calhoun to Mr Raymond.) 

•Department op State 
Washington Deer. 2nd. 1844 
Sm: 

In a note which I had the honor to address to Mr Van Zandt, late 
Chargfi d'Aflf aires of Texas, dated the 14th. of August, last, in relation 
to the outrage alledged to have been committed by certain citizens of 
the United States in the Collectoral District of Red River, I requested 
that, in order to a final adjustment of the difficulty, this Department 
should be furnished with *'all the evidence which may be required to 
establish, authentically, the facts of the illegal introduction of the 
goods, — their forcible seizure and taking away, by the citizens of the 
United States, and the amount of damage suffered in consequence; to 
be transmitted by the President to Congress with his Message." 

In Mr Van Zandt's reply, dated the 16th. of the same month, he 
observes: — ''The testimony refered to, as necessary to be transmitted 
to Congress with the Message of the President of the United States 
will be furnished at the earliest day possible." 

Congress being now assembled, I respectfully invite your attention 

to the subject, and request that the evidence refered to, if it has been 

received, may be communicated to this Department in order that 

the same may be transmitted with the President's Message to morrow. 

I have the honor to be, with high consideration, 

Sir, 

Your Obedient Servant 

(Signed) J. C. Calhoun 

To C. H. Raymond Esq 

etc, etc, etc 



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CORRESPONDENCE WITH THE UNITED STATES. 325 

(Mr RayaMid^ Mr C«lhoua.) 

Legation of Texas 

Washington Deer. 2nd. 1844 
Sm: 

In reply to your note of to day requesting that the evidence estab- 
lishing; authentically, the facts of the outrage alledged to have been 
committed by certain citizens of the United States in the Collectoral 
District of Red River if in my possession, might be communicated to 
your Department in order that the same might be transmitted, to- 
morrow, with the President's Message to Congress, I have the honor 
to inform you that the evidence alluded to has not yet been received, 
but there is every reason to believe it soon will be, when I will lose 
no time in furnishing you with it. 

With assurances of my very distinguished consideration, I have the 
honor to be 

Your Obedient Servant 

(Signed) Chas. H. Raymond 

To Hon. J. C. Calhoun 

etc, etc, etc 



DoNELSON to Jones.** 

Legation op the UNrrED States 

Washington, Texas, 

Deer. dth. 1844 
Honble 

Anson. Jones 

8eey of State of Texas 

SlE, 

The Undersigned Charge d'Affaires of the United States to Texas, 
has the honor to inform you, that he received last evening by the 
hands of a special messenger, Genl Green, copies of the correspondence 
which has taken place between the Minister of the United States at 
Mexico and that Government, in relation to the invasion of Texas 
and to the mode of conducting it, as threatened by the authorities of 
Mexico. In order that this Government may have full information 
on a subject of such vital importance to the interests of Texas, and 
may see with what fidelity the President of the United States meets 
the responsibility incurred by the invitation which led to the Treaty 
of Annexation, the undersigned begs leave to submit copies of thb 
correspondence to you. 

The undersigned, not to postpone the delivery of these papers to 
the Government of Texas, will defer for a day or two the observations 

aA.L.S. 



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326 AMERICAN HISTORICAL ASSOCIATION. 

which they appear to call for from him, as bearing upon the question 
of annexation; and in the mean time has the honor to subscribe 
himself 

with considerations of the highest 
respect, Yr. very obt sevt 

A J DONELSON 

[The enclosures referred to in the letter are Shannon to Rej6n, 
October 14, 1844; Kej6n to Shannon, October 31, 1844; Shannon to 
Rej6n, November 4, 1844; Rej6n to Shannon, November 6, 1844; 
Shannon to Rej6n, November 8, 1844.<*] 



Jones to Donelson. 

Department op State, 
Washington [Texas], Deer. 7tk. 18U 

The undersigned Secretary of State of the Republic of Texas, has 
the honor to acknowledge the receipt of the note Mr. Donelson Charg6 
d' Affaires of the U. States, communicating copies of a correspondence 
whjch has recently taken place between Mr. Shannon^ Minister of the 
United States, at Mexico, and that Government, in relation to the 
invasion of Texas and the mode of conducting the war, as threatened 
by the authorities of Mexico. 

In acknowledging the receipt of these communications, the under- 
signed is happy, also, to bear testimony to the fidelity which they 
evince, on the part of the (Jovemment of the U. States, in carrying 
out the pledges, given to this, previous to entering into the Treaty 
of Annexation, and the government of Texas wiU, at Mr. Donelson's 
convenience, be much gratified to receive the suggestions which they 
may appear to him to call for as bearing upon the important question 
of annexation. 

The imdersigned embraces, with great pleasure, the present occasion 
to tender to Mr. Donebon, assurances of the high respect with which 
he has the honor to be 

His Mo. faithful and Obt Servant 

(Signed) Anson Jones 



Allen to Reilly.* 
[Giving the personnel of the new administration.] 

• None of these are on file with the letter, bat all are transcribed in the Records of Department of State 
(Texas), Book 43, pp. &^30. See also Calendar of Correspondence with the United States in Part L 
» December 9, 1S44. 



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COBRBSPONDENCB WITH THE UNITED STATES. 327 

DONELSON TO AlLEN.* 



DONELSON TO SECRETARY OP StATE [AlLEN, AD INTERIM].* 

Washington [Texas] Deer 10th 18U 
To the Honble. 

Secretary op State op Texas. 
Sir, 

Col Taylor of Arkansas, now at Mrs Lockhart's, who is in pursuit 
of the men described in the within proclamation, as refugees from the 
United States, has requested me to ask for a renewal of it by the 
present Executive of Texas.*' His opinion is that it will make more 
sure the arrest ; and seeing no impropriety in the request, I have there- 
fore consented to make it in this informal manner. 
I have the honor to be, with sentiments of great respect. 
Your obedient servant, 

A J DoNELSON 

Chargi d Affaires of the United Staies to Texas. 



Allen to Donelson.** 

Department op State 
Washington [Texas], Deer 11. 18U 
Hon A J DoNELSON 

Cha/rgi W affaires of the United Staies 

etc. etc. etc. 
Sm, 

The undersigned. Attorney General of the Republic of Texas, 
charged, ad interim, with the direction of the Department of State, 
has the honor to acknowledge the receipt of the note, which Mr 
Donelson, Charg6 d'Aflfaires etc., did him the honor to address to him, 
under date of 10th inst. requesting a renewal of a certain Proclamation, 
heretofore issued by His Excellency, President Houston, and to 
enclose, herewith, the Proclamation, as requested. 

The undersigned avails himself of this occasion to offer to Mr Don- 
elson the assurances of his distinguished consideration 

E Allen 



Allen to Donelson.* 



a December 10, 1844. See addenda to Calendar of Correspondence with the ¥nited States. 

h See Records of Department of State (Texas), Book 43, p. 33. 

cThfr proclamation has not been found. 

d See Records of Department of State (Texas), Book 44, p. 234. 

« December 13, 1844. See addenda to Calendar of Ck>rre8pondence with the United States. 



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328 AMERICAN HISTORICAL ASSOCIATION. 

DONBLSON TO AlLEN.« 

Legation op the United States 

Washington, Texas 

Deer. ISih. 18U 
The Honble 

E Allen 

Actg Secy of State of Texas 
Sir, 

The undersigned Charg6 d'AfFaures of the United States, begs 
leave respectfully to invite the attention of the Honble Mr Allen to 
the ninth section of the act entitled an act supplementary to an 
"act to raise a revenue by import duties," whereby an additional 
duty of five per cent is levied on goods imported in American vessels 
in the ports of Texas. 

The undersigned anxious to improve the intercourse between 
the two Republics, and satisfied that the discrimenation in the act 
referred to, against the United States, whilst it lessens that inter- 
course is productive of no advantage to the revenue of Texas, would 
respectfully suggest that a further consideration of the subject may 
lead the Executive of Texas to take the same view of it, and, if so, 
result in a recommendation to Congress to modify the act so far as 
it relates to the vessels of the United States. 

The undersigned trusts that this suggestion will be received as a 
proof of the desire of the United States, to promote by all the means 
within their power an advantageous trade between the two countries, 
which is one of the surest bonds of their friendship, and he has the 
honor to be with sentiments of the highest regard 
Yr. very obt svt 

A J DONELSON 



Points to be Insisted on in Annexation.* 

Full community of interests. 

A territory. 

Assumption of national debt, or not. If not assumed, we to 
retain our public domain. 

Texas hereafter to comprise as many states as the U. States may 
think proper. 

In running the line between the U. S. and Texas, where lands fell 
into the U. S., by misapprehension of claimants in their locations, 

a A. L. 8. 

ft The original is written on a loose sheet which was filed separately, and there Is nothing to show bow 
It was used. It is endorsed " Points to be Insistad on In the aiuiezatloa measure which may be passed 
by the U. 8. Congress." 



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CORBESPONDENCE WITH THE UNITED STATES. 329 

that they are to be reimbursed upon the same principles of equity, 
that citizens of the U. S. falling into Texas were reimbursed by the 
latter. 

Public debt not to exceed 10,000,000. 

Public Uabihties to be redeemed at the price at which they were 
issued. 

if the above points should be set forth and guarded speciaUy in 
the joint resolution to be passed by the Congress of the United States 
in the bill for the annexation of Texas, I have no doubt that it would 
add greatly to the satisfaction of the people of Texas, and secure 
their ratification of it. 

December 13th. 1844. 

Washingtony Texas, 



Resolution op Inquiry Adopted by United States Senate.** 



Raymond to Jones.* 



Calhoun to Raymond.* 



DONELSON TO CaLHOUN.** 



Raymond to Calhoun.* 



Raymond to the Seorbtary op State op Texas [Allen acting]./ 

No. 136 Legation op Texas 

Washington D. C. Deer. SOth. 18U 
To the Honorable 

Secretary op State 

Enclosed herewith I have the honor to transmit a copy of the note 
of Mr Calhoun, Secretary of State of the United States, of the 23rd. 
inst, and of the Resolution of the Senate which accompanied it, 
seeking for information in regard to our pubUc debt and public lands, 
and also a copy of my reply to to the same. 

In answer to his inquiry, I stated that the revenues of the Grovem- 
ment for the last /our years has equalled its expenditures. In Janu- 

• December 16, 1844. Bee Rasrmood to Secretary of State of Texas [Allen acting), December 30, 1844. 

b December 17, 1844. See Calendar of Correspondence with the United States in Part I. 

« December 23, 1844. See Raymond to Secretary of State of Texas fAllen acting], December 30, 1844. 

' December 36, 1844. See Calendar of Correspondence with the United States in Part I. 

•December 27, 1844. See Raymond to Secretary of State of Texas [Allen acting], December 30, 1844. 

/A.L.8. 



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330 AMERICAN HISTORICAL ASSOCIATIOK. 

ary 1841 the Committee on Finance estimated the public debt at 
$7,000,000. The appropriations for that year were in bonds bearing 
8 per cent interest, amounting in all to about $600,000, which, if I 
am not greatly mistaken, was less than the amount paid into the 
Treasury during that year. The expenses of Genl. Houston's late 
administration, have, as I understand, faUen short of the revenue 
collected in that period. In view of these facts I felt warranted in 
the statement which I made. 

As you will perceive, by an abstract of the proceedings of Congress 
contained in the newspapers which I have from time to time sent to 
you, several joint resolutions, having for their object the annexation 
of Texas to this Union, have been introduced into both the Senate 
and the House of Representatives, and refered to the appropriate 
Conunittees. Mr WeUer's resolution seems to meet with the most 
favor. It discards the consent of Mexico and the subject of slavery ; — 
matters which rendered Col. Benton's bill so exceptionable to many 
of the friends of the measure. 

The "Texas question'' will, according to previous arrangement, 
come up to day, in the House for discussion. I think Mr C. J. 
IngersoU of Pa is entitled to the floor. I will be particular in sending 
you the debates, for you doubtless feel great interest in all that con- 
cerns this vitally important subject. 

The recent correspondence between Mr Shannon, the United States 
Minister, in Mexico, and Mr Rejon, the Mexican Secretary of State, 
has ceased to excite much interest. It is supposed Mr Rejon wrote 
under the confident expectation that Mr Clay would be elected 
President of this Republic, and that his defeat will have a tendency 
to moderate the tone of the Mexican Government, and perhaps 
induce it to withdraw its insulting and highly offensive note. 

Colonel Reily has not yet arrived. 

I have the honor to be, with great consideration. 
Your Obedient Servant 

Chas. H. Raymond 

[Here follows a copy of the Senate resolution of December 16, 1844,* 
transmitted by Calhoun with the letter which comes next.] 



(Copy.) 

Department op State 
Washington 23rd. December 1844 
Sm, 

I have the honor to transmit, herewith, a copy of a Resolution 
adopted by the Senate on the 16th. inst, calling on the President for 
certain information in regard to the public debt and the public land 
of Texas. 



a See Cong. Giobe, 28 Cong., 3 Seas., p. 85. 



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CORRESPONDENCE WITH THE UNITED STATES. 331 

I invite your attention, particularly, to the two subjects of inquiry, 
first, whether the public debt of Texas has been increased since the 
signature of the Treaty of Annexation in April, last; — and, second 
whether there have been any additional grants of the public domain 
since that period. 

In replying to these inquiries, if you have any information in 
addition to that heretofore communicated by the Texan plenipo- 
tentiaries, Messrs Van Zandt and Henderson, in reference to the other 
subjects referred to in the Resolution, I would also thank you to com- 
municate the same to this Department. 

I have the honor to be, with high consideration. Sir, 
Your Obedient Servant 

(signed) J. C. Calhoun 

To 

C. H. Raymond Esq 

etc, etc., etc. 



(Copy.) 

Legation op Texas 

Washington December 27ih. 1844 
Sm, 

I have had the honor to receive your note of the 23rd. Instant 
inviting my attention to certain subjects of inquiry, based on a Reso- 
lution adopted by the Senate of the United States on the 16th. 
instant, calling on the President for information in regard to the pub- 
lic debt and the public lands of Texas, a copy of which accompanied 
your note." 

And in reply to the first inquiry, as to whether her public debt has 
been increased since the signature of the Treaty of Annexation in 
April, last, I have the honor to state that, from information and data, 
in my possession, procured from Official and other sources, I am fully 
persuaded, that her revenues since that period have equalled, if not 
exceeded, her expenditures; and that such has also been the case for 
the last four years. I have therefore no hesitancy in saying that her 
public debt has not been increased since the period referred to, except 
from the interest which has accrued upon a portion of it. 

In answer to the second inquiry as to whether there have been any 
additional grants of the public domain since April, last, I can only 
state that, if there have been any, they have not come to my knowl- 
edge. I know of but one law authorizing the Government to make 
grants of land, and that has been in force about four years. It 
authorizes the Government to issue land scrip, in redemption of its 
liabilities, at the rate of two dollars per acre. Only a few of the 
holders of these liabilities, have heretofore availed themselves of its 



a See Cong. Olobtt 28th Cong., 2d Sess., p. 85. 



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332 AMERICAN HISTORICAL ASSOCIATION. 

provissions. If however they hare done so within the last few months, 
the effect, as you will readily perceive, has been to decrease the public 
debt double the amount of the number of acres of land scrip thus 
issued. 

I have nothing further to add to the information heretofore com- 
municated to you by the Texian plenipotentiaries, Messrs Van Zandt 
and Henderson, in their note of the 15th. of April, last, on the other 
subjects embraced in the Resolution of the Senate, but will merely 
state, in explanation of the report of the Commissioner of the General 
Land Office of Texas, which was refered to in their note, that, in 
his general estimate of "Lands Appropriated," all the l^al or equit- 
able land claims however and whenever originated, for which the 
faith of that Republic stood pledged, are intended to be included. 

I have the honor to be with distinguished consideration 
Your Obedient Servant 

Chas. H. Raymond 



Williams, Thurston, and Megoerson to Green. 



Raymond to Jones.* 



Allen to Donelson. 

Department of State, 
Washington^ [Texas ^ Jany J^tk 1845 

The undersigned, Attorney General of the RepubKc of Texas, 
Charged, ad interim, with the direction of the Department of State, 
has the honor to congratulate Mr. Donelson, Charg6 d'Affaires of 
the United States etc. etc. on his return, after a temporary absence, 
to his residence near this Government, and avails himself of the occa- 
sion to transmit to Mr. D. the enclosed copy of a proclamation 
recently issued by His Excellency, the President of the Republic 
of Texas, revoking the Exequatur of Duff Green, Esq., as Consul of 
the United States for Galveston.*' For the satisfaction of Mr. D., 
and to enable him to present the matter with its incidents to the 
consideration of his Government, should he deem it expedient, so to 
do, the undersigned, subjoins a statement of the causes and cir- 
cumstances, which induced a revocation of the recognition by this 
Government of Mr. Green's authority as Consul. 

Early during the present session of our national legislature, Mr. 
Green fixed his residence at this place, and has ever since been 

o Janaaiy 1, 1845. See Donelson to Allen, Janoary 20, 1845. 

^ January 1, 1845. See Calendar of Correspondence with the I) nlted States In Part 1. 

e See Telegraph and Teme RegitUtf January 8, 1846. 



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CORBESPONDENCB WITH THE UNITED STATES. 333 

industriously occupied in endeavouring to procure the sanction of 
Congress to certain projected measures, in the consumation of which, 
he has manifested strong personal interest, by availing himself of 
frequent private interviews with members of that body, to influence 
their public and legislative course, in aid of his favorites schemes. 
One of the projects thus originated and prepared by Mr. Green, was 
brought before the Senate, in the form of a bill for the incorporation of 
an institution, to be styled "The Texas Land Company,' ' — among 
the powers of which, imder a perpetual charter, was that of acquiring, 
holding and disposing of real estate to an unlimited amoimt — con- 
nected with those privileges and rights usually enjoyed by Insurance, 
Rail-Road, Life-Insurance and Trust Companies, and which consti- 
tute the peculiar and distinguishing features of such corporations; 
together with the power and capacity to monopolize the exclusive 
and perpetual use of all our navigable streams. 

Another was a plan for the charter of the "Del Norte Company," 
so to be called, also projected by Mr. Green, and designed to become 
a law by the action of the legislature, but which has not as yet been 
presented to Congress; — having in part for its object, the conquest 
and occupancy in behalf of Texas, of the Calif omias, and the Northern 
Provinces of Mexico, by means of an army aided by some sixty 
thousand Indian warriors, to be introduced from the United States 
upon our Western frontier." 

In furtherance of these schemes, and to obtain for them the for- 
malities and color of legislative sanction, Mr. Green, solicited the 
aid and influence of the Executive; and at an interview which he 
sought with the President at the Executive Department, on the 30th. 
ultimo, as well as on some previous occasions, he endeavored to 
induce His Excellency to exert his influence to effect the objects 
specified; first, — ^by an offer of portions of the corporate stocks of the 
projected companies; and, secondly, — ^by a threat to revolutionize 
the country and overthrow the existing government, in the event 
of His Excellency's refusing to accede to the proposal. 

Coupled with this threat, Mr. Green, took occasion to boast of the 
ease with which he could execute it; observing that the excitement 
among our citizens on the subject of annexation, manifested by the 
mass meetings of Matagorda and Brazoria, together with the alarm, 
which could be readily aroused by exhibiting to their minds the 
dangers to which our republican institutions would be exposed, in 
consequence of the great influx of Europeans into our territory, and 
the facility with which they would become entitled to the privileges 
of citizenfidliip, presented an inviting field for revolutionary operations. 

In consequence of these circumstances, the confidence before that 
time entertained by the President, in the fitness of Mr. Green for the 

a Of. Qima, Faet$ and SugpiHl^tu, S^Sd, 



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334 AMERICAN HISTORICAL ASSOCIATION. 

station assigned to him, as Consul, was necessarily destroyed; and 
His Ebccellency, however, regretting the emergency, was compelled 
in justice to his own convictions, to withdraw the Exequatur, referred 
to; believing that its continuance, not required by the principles of 
amity or courtesy which have ever distinguished the intercourse and 
relations of the two governments, would serve only as a false mani- 
festation of executive confidence, the existence of which had ceased; 
and that its revocation, not being inconsistent with any of those 
principles, presented in the present instances the mildest form for 
the expression of f^xecutive disapprobation. 

The President, being impressed with the belief, that the mode of 
proceeding adopted by him in this case, in reference to Mr. Green, is 
not susceptible of such a construction, as to render it in any degree 
objectionable to the Grovemment of the United States, directs the 
undersigned, to express to Mr. Donelson, the continued and earnest 
desire of His Excellency to preserve and promote the mutual rela- 
tions of concord and friendship which subsist between the two 
Governments, and the harmony which characterizes the intercourse 
of the citizens of each with those of the other, and his high personal 
esteem and regard for Mr. D.; in announcing which, the undersigned 
avails himself of the occasion to renew to Mr. Donelson the assurance 
of the distinguished consideration with which, the imdersigned has 
the honor to remain 

His Obedient Servant 

(Signed) Ebenr. Allen. 

Hon. A. J. Donelson 

ChargS d' Affaires of the U. States 

etc. etc. etc. 



Raymond to Calhoun.® 



Raymond to Allen.* 
Dispatch No. 137. 

Legation op Texas 
Washington D. C. Jany 4th. 18^6 
Hon Ebenezer Allen 

etc, etc, etc 

SiB 

Your dispatch of the 9th. ultimo to Hon James Reily, who has 
not yet arrived in this City, announcing the fact, that on that day a 
new Administration of the Government of Texas had commenced, 
was received on the 2nd. Instant. 

a January 4, 1846. See Raymond to Allen, January 4, 1846. bA.L.S. 



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CX)ERESPONDENCE WITH THE UNITED STATES. 335 

I have communicated this change of administration to the Secre- 
tary of State of the United States, with such expressions of friendship 
and consideration on the part of the President towards this Republic 
and its President as the occasion seemed to authorize. This, as you 
know, is the usual practice, and in accordance with the comity of 
nations; and as you gave no special instructions on the subject, I 
infered your wish that the usual course might be observed and pur- 
sued. I have the honor to enclose herewith a copy of the communi- 
cation alluded to, which I hope Mrill be satisfactory to your Depart- 
ment. 

On yesterday I dined at the President's, and embraced the oppor- 
tunity to learn what were his own and his Cabinet's views in regard to 
the probability of a joint resolution for the annexation of Texas being 
passed by this Congress. They strongly incline to the opinion that 
such a resolution will pass both Houses the present session. 

The discussion of the question was opened on yesterday in the 
House by Mr Ingersoll, Chairman of the Committee on Foreign 
[Affairs], in an able and eloquent speech in its favor. The debate 
was continued to day but I have not had time to listen to it. The 
measure gains strength from day to day, and unless the Whig party 
cease their opposition and permit it to pass, it will grind them to 
powder. 

I have had no intelligence of Mr Reily since the 23rd. ultimo, when 
he was in Lexington, Kentucky. 

Hon. Ashbell Smith came passenger in the last Steamer from 
Europe, and I suppose is now in Boston or New York. 

I have the honor to be with assurances of my high consideration. 
Your Most Obedient Servant 

Chas. H. Raymond 

[Then follows a copy of Raymond to Calhoun, January 4, 1845, 
announcing the personnel of the new administration in Texas and 
conveying friendly greetings.] 



DONELSON TO AlXEN.** 

Legation op the United States, 

Washington [Texasi\ Jany. 6th. I84S 
The undersigned, Charg6 d' Affaires of the United States, has had 
the honor to receive the communication addressed to him on the 4th. 
inst, by the Honble Mr Allen, charged ad interim with the direction 
of the Department of State of Texas, congratulating him on his 
return to his residence near this Government, and stating the cir- 
cumstances which led to the revocation of the Exequatur granted to 

a A. L. s. 



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336 AMERICAN HISTORICAL. ASSOCIATION. 

Duff Green Esqr on the 5th. October 1844, as consul of the United 
States for the port of Galveston. 

The undersigned will avail himself of the earliest occasion to 
transmit to his Government the explanation which has been fur- 
nished by the Honble Mr Allen of the transaction referred to, and is 
glad to perceive that it rests on causes, which, much as they are to 
be regretted, do not interrupt the friendly relations existing between 
the Governments of the two countries. Mr Green, soon after his 
arrival here, as bearer of despatches from Mexico, when questioned 
by the undersigned, as to the state of his consular duties, remarked 
that he was about to become a citizen of Texas, and having appointed 
a vice consul at Galveston, had informed his Government that he did 
not wish his name to be presented to the Senate of the United States 
for confirmation in the office, and that he would perform no further 
official act. Under these circumstances the undemgned did not feel 
it his duty to take cognizance of Mr Green's absence from Galveston, 
particularly as he knew that the duties pertaining to his office, in the 
present state of the trade between the two countries were very light 
even for a vice consul. It will be recollected also that previous to 
his late departure for New Orleans, the undersigned mentioned ver- 
bally to His Excellency the President of Texas that Mr Green had 
no authority in any manner to represent the Government of the 
United States. 

These facts are stated for the purpose of showing that Mr Green, 
although within the range of the responsibility imposed by an JSre- 
quatur from this Government, was practically only a new comer into 
Texas with the intention of acquiring the rights of citizenship. In 
this light then, the objectionable conduct imputed to him, ceases to 
have any higher importance than what belongs to his individual, pri- 
vate, character; and the undersigned is happy to be assured that his 
Excellency the President regards it as involving no interruption of 
those relations of amity and courtesy which in the intercourse of the 
Government and people of the two Republics, are so necessary to 
their reciprocal interest and welfare. 

As to the measures sought to be accomplished by Mr Green, under 
the authority and sanction of this Government, the undersigned feels 
it to be his duty to say that he had no knowledge of them, and par- 
ticipated in them, in no wise, directly, or indirectly, either as a public 
officer or as a private individual. Indeed those measures conflict 
essentially with the course of policy which the undersigned, if con- 
sulted, would have suggested as the most expedient for Texas at the 
present period. As the friend of reannexation he certainly couM not 
have the ight of a step, the effect of which would be to counte&imce 
the idea that the country between the Rio del Norte and the Pacific 
ocean v as to be invaded and severed by another revolution from 



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COBEBSPONDENCB WITH THE UNITED STATES. 837 

Mexico. To check such speculations — to give a more safe direction 
to the spirit of adventure abeady too much aroused by the weakness 
and short sighted policy of Mexico — and above all to secure to the 
people of Texas the blessings of peace and independence, under the 
guarantee of incorporation into the American Union, have been the 
aim and scope of all the counsel which the undersigned has ventured 
to offer. 

Any policy which would raise new issues, which would entangle 
Texas in new enterprises calling for further aid in money or munitions 
of war, would be contrary to what the undersigned has supposed to 
be the wish and interest of Texas, because it would add new impedi- 
ments to the success of the measures yet necessary to secure rean- 
nexation to the United States, and jeopard in other respects her 
ability to maintain her present elevated position. 

The undersigned having felt it his duty to make these observations, 
begs leave to add that he will submit to Mr Green the reasons for the 
revocation of the Exeguatur, under the hope that some explanation 
consistent with his honor and acceptable to his Excellency the Presi-. 
dent, will be made by him, not on the public account, but that impu- 
tations so deeply effecting his standing may be removed if they appear 
not to be merited 

Appreciating highly the personal regard expressed for him by the 
President, the undersigned begs leave to say in reply to the Honble 
Mr Allen, that it is most sincerely reciprocated, and he trusts will 
continue to uphold him in the performance of all his duties near this 
Government; and the undersigned begs Mr Allen to accept for him- 
self also assurances of his high consideration and regard 
He has the honor to be very 

respectfully his obt sevt 

A J DONBLSON 

Honble Ebbnezeb Allen 

Secretary of State ad interim of Texas 

etc. etc. etc. 



Calhoun to Raymond." 



Allen to [Raymond.] 

Depabtment of State, 
WmhingUm, [TexaSy] 10th. JavHy 184B 
Sir, 

I have the satisfaction to acknowledge the receipt of the several 
dispatches addressed by you to this Department, under dates of the 

a Januaiy 8, 1845. See Raymond to Altoi, January 11, 1846. 
3©738*>— VOL 2, PT 1—11 ^22 



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838 AMEBICAN HISTORICAL ASSOCIATION. 

26th.<» and 27th of November last, and of the 4th. ulthno: — the latter 
enclosing a copy of the annual message of His Excellency, the Presi- 
dent of the United States, and also copies of the note of Mr. Calhoun 
Secretary of State etc. and your reply to the same, on the adjustment 
of the difficulties originating in the CoUectcuial District of Red River; 
and the evidence to be furnished by this Department to the Depart- 
ment of State of the United States, to estabhsh the facts of the case, 
and the amount of damages sustained by this Government in conse- 
quence. The purport of that portion of His Excellency's Message, 
which treats of the relations existing between the two Grovemments, 
and of measures, in the opinion of His Excellency, best calculated 
to secure and hasten the annexation of Texas to the United States, 
are regarded with approbation by the Executive of this Republic; 
who perceives with feelings of peculiar satisfaction, that the sugges- 
tions and views of His Excellency, Mr. Tyler, contained in the mes- 
sage referred to, correspond with the elevated and ingenuous poUcy, 
which has preeminently distinguished his administration, whenever 
its influence could be properly brought to operate upon the affairs 
and interests of Texas. Although the fond hopes fcomerly enter- 
tained and frankly expressed by the citizens of the latter country, 
that the Star Spangled banner of our father land would this day, wave 
over them, have been checked and deferred: — ^yet, be the final result 
of the negotiations tending to such a consummation, what it may; 
the able and distinguished efforts of His Excellency's administration 
to secure the rich and abiding fruits, sure to grow out of annezaiion 
effected upon a proper basis; and to enure mutually and reciprocally 
to the benefit of both countries, will ensure to Mr. Tyler the lasting 
gratitude of the people of Texas. His policy of annexation may or 
may not attain its object, depending for success as it does upon the 
contingent and uncertain modification and harmony of conflicting 
interests and opinions, beyond the control of either government and 
inseparable from the republican institutions of each; but in its tri- 
umph or defeat, Mr. Tyler and his distinguished supporters in the 
cause of annexation, will receive, as a mede [sic], if inferior to their 
high deserts, still, it is hoped, not worthless in their estimation, the 
enduring tribute of a nation's thanks. Your reply to the enquiries 
so frequently addressed to you by Members of Congress and others 
in the United States, relating to the present views of this government 
in regard to annexation, as communicated in your private dispatch, 
under date of the 17th. ultimo,^ the receipt of which the President 
directs me to acknowledge, meets his entire approbation; and was 
conceived in terms corresponding with the existing relations and the 
state and progress of the negotiations between the two governments, 

o Addressed to Jones. 

b Addiessed to Jones. See Calendar of Comspondenoe with the United States in Part I. 



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CORRESPOlirDENCE WITH THE UNITED STATES. 339 

touching that subject. Should the present session of the Federal 
Congress pass by without fixing upon some definite, tangible and 
eligible mode for carrying into effect the projected scheme of annexor 
lion, it is highly probable that the people and Government of Texas, 
yielding to the natural influence of disappointment, and to an irre- 
sistable reaction consequent upon procrastination, would feel com- 
pelled to consider their connexion with the measure dissolved. 

The evidence required by Mr. Calhoun touching the case before 
referred to, will be furnished by this Department at its earliest possi- 
ble convenience, and will, as I trust, be forwarded in season for the 
necessary action of the Congress of the United States upon the sub- 
ject, at the present session. In as much, however, as all the witnesses 
conusant* of the necessary facts, reside some four hundred miles 
distant from our Seat of Government, some time must necessarily 
elapse before the requisite testimony can be obtained and forwarded. 
I am 

Dear Sir 
With sentiments of great esteem 
Your Obedient Servant 

E. ALX.EN Attorney General 
of the Republic and Secty of State j ad interim. 



Raymond to Allen.^ 
Dispatch No. 138. 

Legation of Texas 
Washington D. C, J any 11th. I845 
Hon E. Allen 

etc. etc. etc 
Sm 

Enclosed herewith, I have the honor to transmit a copy of the reply 
of the Secretary of State of the United States to my note of the 4th. 
instant commimicating inteUigence of the commencement of a new 
Administration of our Government. 

The discussion on the resolutions for the annexation of Texas to 
this Union still continues in the House of Representatives. I imder- 
stand the vote upon them will be taken next tuesday, when they will 
undoubtedly be passed by a small majority; and I shall be disap- 
pointed if they do not also pass the Senate during the present session. 

Hon Ashbel Smith arrived in this city on tuesday, last, and con- 
templates leaving for Texas the first of the ensuing week. 

I havehad no intelligence of Col Reily since the 23rd. ultimo, when, 
as I before informed you, he was in Lexington Kentucky. 

aCognltant. »A. L.S. 



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840 AMERICAN HISTORICAL ASSOCIATION. 

I find that my private affairs are in a condition to require my per- 
sonal attention, and to make it desirable that I reach home by April, 
next. I therefore beg leave, most respectfully, to tender, through 
you, to His Excellency the President this my resignation, and request 
that it take effect on the 1st. of March, next. I trust that Congress 
wiU make the necessary appropriation for my salary up to that time. 
I have the honor to be with high regard. 
Your Most Obedient Servant 

Chas. H. Raymond 

[Inclosed is a copy of Calhoun to Raymond, January 8, 1845, 
acknowledging the receipt of Raymond's note of January 4.] 



IIousE Resolution asking foe Information about Texan 

Debt, etc.** 



Allen to [Raymond.] 

Department of State, 
Washington [Texas,] 16th. Jan'y 1845^ 
Sm, 

A letter from Messrs L. H. WiUiams and B. Sloat, Indian Agents 
in the service of the Government, addressed to Major Thos. G. West- 
em, Superintendent of Indian Affairs, under date of the 6th. Jan'y 
inst., has just been laid before the Executive; from which, it appears, 
that the two children of Mrs Simpson, stolen by Indians from Austin, 
on the Colorado early.in November last, are now in the possession of 
the Waco and Toweash or Wichita Indians, encamped in the Wichita 
mountains, about 550 miles northerly from this City; in the Territory 
of the U. States. 

The agents above named were sent out, immediately after the news 
of the outrage reached the ears of the President, for the purpose of 
seeking and recovering those children from their Indian captors; but 
having reached a point some 200 miles above this place, they foimd 
it impossible to proceed; — the prairies for hundreds of miles across 
which they must travel, being at this season, destitute of grass, and 
furnishing no food for their horses. They will recommence their jour- 
ney so soon as the grass shall spring up, and will reach Fort Towson 
early in the spring. Congress has by a Joint Resolution approved 
on the 31st ultimo, appropriated and placed at the disposed of the 
President the sum of $300 for the redemption of these captive children. 

a January 14, 1845. See Raymond to Allen, January 27, 1845. 

b Received February 9. See Raymond to Allen, February 18, 1845. 



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(X)EBESPONDENCE WITH THE UNITED STATES. 341 

The President directs that you communicate this intelligence to 
the government of the United States and request the aid of its authori- 
ties to effect the release of the prisoners through the agents or other- 
wise, from the Indians, and cause them to be conveyed to Fort Tow- 
son or some other point where they can be delivered to our agents and 
restored to their home and friends. All necessary expenses attend- 
ing a cooperation on the part of the authorities of that government 
to recover those captives, will be promptly paid if within the appro- 
priated amount, and should it exceed that amount, a sufficient sum 
will be no doubt appropriated to meet the excess. 

The prisoners are William, a son and Jane, daughter, of Mrs Simp- 
son, a widow lady residing at Austin — The former about twelve and 
the latter about fourteen years of age. 

The tribe with which the Wacos are encamped in the mountains 
are known indifferently as the Toweaah or Wichita Indians, and it is- 
hoped that the foregoing information, with such assistance as the 
President doubts not will be cheerfully accorded by the Government 
of the U, States, will lead to the speedy release of tJiese youthful cap- 
tives from their savage masters, who delight to aggravate rather than 
relieve the afflictions and sufferings of their prisoners. 
I have the honor to remain 
Very truly 

Your Obt. Servt. 

(Signed) Ebenb. Allen 

Atty Genl. of the BepiMic of Texas and 

Sec'ty of State, ad interim. 



Raymond to Allen. 



Dispatch No 139. 



Legation of Texas 
Washington D. G. 16th. Jany 1845 
Hon E. Allen 

etc. etc. etc 
Sm: 

I have just received a letter from the Hon James Reily dated at 
Lexington Ky. on the 10th. inst. informing me of his intention to 
leave that place for Texas on the 13th. instant. I infer from it that 
he has declined his appointment of Charg6 d' Affaires to the United 
States.* 

My resignation was tendered imder the expectation that he would 
be here to relieve me by the time I desired it to take effect. If imder 

a The Texas Senate had refused to confirm Refly's appointment, becaose he was believed to be opposed 
to annexation. See Smith to Relly, February 10, 1845, which Is excluded from this series as beknislng 
rather to the Domestic than the Diplomatic Cotreqwn d enc e of the BepobUoof Te: 



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842 AMEBICAN HISTORICAL ASSOCIATION. 

present circumstances, the Government desire me to remain longer 
than to the 1st. of March next, I will endeavour so to arrange my pri- 
vate affairs as to make it convenient for me to do so. 

The debate on the *' Texas question'' has not yet terminated. Mr 
Foster of Tennessee has introduced in the Senate, and his colleague, 
Mr Milton Brown, in the House, a joint resolution to annex Texas, 
which seems to be acceptable to most of the democratic, and many 
of the whig members of both Houses. 

I entertain strong hopes of a favorable action on the question 
before the close of the present session. 

Hon Ashbel Smith left this city on the 13th. instant for Texas. 

I have the honor to be with high consideration 
Your Most Obedt. Servt. 

Chas. H. Raymond 



Dbposftion op Weight.* 



Deposition of Bourland.® 



Allen to Raymond. 

Department op State, 
WasMngtan, 20th. Jan'y 1846 J" 
Sm, 

Having at length received the testimony required, for the final 
adjustment of the claim of this Government on that of the United 
States originating in the seizure of goods, by the Collector of Customs 
for the Red River District, introduced by citizens of the United States 
into this Republic in violation of her revenue laws, and the subsequent 
forcible rescue of these goods by the importers, connected with abuse 
inflicted by them upon the person of the Collector, I hasten to trans- 
mit the same to you. 

This testimony is contained in the accompanying depositions of 
Capt. James Bourland the Collector and the Hon. Geo. W. Wright a 
citizen of Lamar County and Senator in the Congress of Texas, and 
will be foimd, I doubt not, fully sufficient to establish the points sug- 
gested in the note of Hon. J. C. Calhoim, Secretary of State of the 
United States addressed to you imder date of the 2d. ultimo — a copy 
of which accompanied your late despatch. 

o January 18, 1845. See Allen to Raymond, January 20, 1845. 

fr Reoeived February 0. See Raymond to Allen, February 18, 1845. 



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CORRESPONDENCE WITH THE UNITED STATES. 343 

I trust that you will receive these depositions in season for the 
Executive to present the matter to Congress for the requisite appro- 
priation, at its present session, as indicated by the note referred to 
of Mr. C. 

I remain, Your Obt. Servt. 

(Signed) Ebenb. Allen 

AUy. Genl. and Secfy of State, ad interim. 

To 

Hon. Charles H. Raymond 
Acting Ohargi d^ Affaires 

etc. etc. etc 



(Copy.) 



The Deposition of Hon. George W. Wright of Lamar Coimty — a 
Senator in the Congress of the Republic — ^now in session. 

I George W. Wright a citizen of Lamar County in the Republic 
of Texas — ^being sworn upon the Holy Evangelist of Almighty God, 
do upon my oath depose and say that in the latter part of the month 
of March A. D. 1843 I was in company with Messrs. Timms, Burtho- 
lett and others, citizens of the United States, who were interested as 
owners or otherwise in the goods, wares and merchandize which about 
the fifteenth of that month had been landed from the Steam Boat 
Fort Towson — Capt. Joseph Scott, Master, at Brierly's Landing in 
Red River Coimty — in alleged violation of the Revenue Laws of 
Texas, and for that cause had been seized by Capt. James Bourland, 
Collector etc. 

That those gentlemen being interested in obtaining the release of 
the goods applied to me to aid them in so doing by advice and by 
becoming security in any bond or obligation to the Government of 
the Republic which might be necessary to effect the legal release of 
the goods. They informed me that the value of goods, wares and 
merchandize, so seized, amoimted in the aggregate to the siun of 
about fifty thousand dollars. I understood from those gentlemen and 
have learned from many others acquainted with the transaction, that 
the facts and circumstances attending the illegal introduction of said 
goods, their consequent seizure by the Collector, Mr. Bourland, and 
their subsequent forcible taking, and removal by Capt. Scott and 
others, citizens of the U. States, were substantially the same as 
related in the accompanying Deposition of Mr. Bourland himself — 
which I have carefully perused and examined. 

(signed) G. W. Wbight 



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844 amebican historical association. 

Republic op Texas 

January 18th. 1845 
Then the above named G. W. Wright personally appeared and made 
oath to the truth of the foregoing Deposition by him subscribed 
before me. 
(Signed) 

M P NoRTOK / •^^^ ^^ District CouH 



(Ckjpy.a) 



The Deposition of James Bourland; Collector of Customs for the 
Red River District, co[m]posed of the Counties of Fannin, Lamar, 
Bowie and Red River, with the late Judicial County of Paschal. 

I, James Bourland, being first duly sworn upon the Holy Evangel- 
ist of Almighty God, do upon oath depose and say, that on or about 
the fifteenth day of March A D 1843, certain goods, wares and mer- 
chandise, as herein after described, were imported and introduced 
into the Republic of Texas, at a place in the County of Red River and 
in the Collectoral District aforesaid, situate upon the southerly bank 
of Red River, called Brierly's landing — also known by the name of 
Rowland. The said Goods wares and merchandize were imported 
from some port or ports in the United States, upon a Steam Boat 
called the Fort Towson — the same being a foreign vessel owned by 
citizens of the United States, and were landed at the time and place 
aforesaid by the officers and crew of said Steam Boat, who proceeded 
to store and deposit the same in a certain ware house there; — that no 
stress of weather or misfortune, or emergency existed as this deponent 
believes to cause the same to be so landed and stored; but that the 
said Steamboat — immediately there afterwards, departed for the pur- 
pose of receiving another cargo at some place further down the said 
River, and in the United States, with which to return; — that, although 
there was an officer of the customs in the immediate neighborhood of 
that place, at that time, still no report was made to him by the Officer 
in command of said Steamboat as required by the Revenue Laws of 
Texas, nor were the impost duties prescribed by those laws paid or 
tendered, before or after the landing and depositing of said goods, 
wares and merchandise as aforesaid: — that afterwards, on or about 
the twenty-sixth day of March 1843, I, the said deponent, believing 
that said goods, wares and merchandise had been introduced into the 
territory of this Republic in violation of the revenue laws thereof, and 
that the same were concealed in said ware house, procured a warrant 
from the proper Judicial authority, and by virtue thereof proceeded to 
search for said goods, wares and merchandise — and accordingly f oimd 



• See Records of Department of State (Texas), Book 44, pp. 343-346. 



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CORBESPONDENCE WITH THE UNITED STATES. 345 

the same in the warehouse, where they had been deposited as afore- 
said; — whereupon I seized the same in accordance with the laws in 
that behalf, and instituted proceedings in admiralty, to the end that 
the said goods, wares and merchandise might be proceeded against, 
condemned and disposed of according to law. 

That the said goods, wares and merchandise so foimd and seized by 
me as aforesaid — consisted of the following articles and packages, and 
are in other respects as follows — viz: 

[Here follows the inventory.^] 

And I, the said Deponent, do further state the necessary expenses 
incurred in the premises, and in taking charge of said goods, wares 
and merchandise, and in the necessary examination, removal, and 
repacking of the same in the discharge of my Official duty, consequent 
upon such seizure — amounted to the sum of one hundred dollars; and 
that the aggregate value of the said goods, wares and merchandize 
was, at least fifty four thousand dollars, as appeared from the exami- 
nation and from the fullest and best information that I could obtain 
from the owners and traders interested in the same. 

And I, the said Deponent do further declare and say, that about 
the eighth of April 1843, while I was in lawful possession of the said 
goods, wares and merchandise, at Rowland aforesaid, Captain Joseph 
Scott, commander of the Steamer Fort Towson aforesaid, together 
with the crew of said boat, aided by a part of the hands employed on 
the Steam Boat "Hunter," consisting of from thirty to forty men, all 
of whom were citizens of the United States — came suddenly upon me 
and having thrown me violently upon the ground, they proceeded to 
tie and confine me with a rope, which they drew around my arms, 
shoulders and legs, so as to prevent me from rising, keep me in a 
prostrate condition on the ground and utterly prevent the use of my 
limbs. At the same time they, with insults and abusive language, 
took from my person, my brace of pistols, knife and keys and carried 
them on board the boat. In the mean time Capt. Scott himself who 
had the command and direction of the crowd, and who is a resident of 
Arkansas, stood over me armed with a gun, several others of his 
crew also standing about armed with Guns, while the remainder by 
his order proceeded to the ware-house, broke the door from its hinges, 
and conveyed all the goods, wares and merchandize aforesaid, on 
board of the Steamboat Fort Towson — then at the landing; after which 
Capt. Scott and his crew went on board the boat and immediately 
put oflf. 

In relation to the amoimt of damages sustained in consequence of 
the forcible seizure and taking away the said goods, wares and mer- 
chandize, under the circumstances before mentioned, I the said 

a For a copy inclosed with Boorland to Secretary of Treasury, May 4, 1843, see Calendar of CoR^ 
spODdeoce with the United States in Part I. 



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346 AMERICAN HISTORICAL ASSOCIATION. 

deponent can remark that I cannot pretend to suggest the proper 
rule for estimating these damages. 

The aggregate value of the property forcibly seized and taken away 
from my possession as aforesaid by Captain Scott and others, citizens 
of the United States cannot in my opinion fall short of fifty four 
thousand dollars. The expenses incurred by me attending my ofl&cial 
seizure of the goods etc., as above mentioned, cannot be fairly esti- 
mated at less than one hundred dollars more, — and the damages sus- 
tained in my own person by reason of the indignities so offered me as 
aforesaid, while in the lawful discharge of my Official duties, I will not 
attempt to estimate, but will leave this item to the decision of the 
authorities interested in the final adjustment of the affair between the 
two countries. 
And further, this Deponent saith not. 

(Signed) James Bourland 

Collector of Red River 
District 
Republic op T^xas 

January 18th. 1845 
Then the above named James Bourland personally appeared and 
made oath to the truth of the foregoing Deposition by him Subscribed 
before me. 

(Signed) M P Norton 

Judge of the Dist, Court 

6th Jud District. 



Green to Donelson.^ 



DoNELSON to Allen.** 

Legation op the Unfted States 

Washingtonj Texas, Jany. iOth, 18^5 

The undersigned, Chargfi d' Affaires of the United States, has the 
honor to submit herewith to the consideration of the Honble Mr 
Allen, Attorney Gtenl of Texas, and charged ad interim with the 
Department of State, a letter from Duff Green Esqr., in relation to 
the objectionable conduct imputed to him, and which was the subject 
of the communication made to the undersigned on the 4th. Inst 
by the Honble Mr Allen. 

Accompanying this letter is also one addressed to Mr Green by 
three Gentlemen of this place. The object of both letters is to shew 
that Mr Green, however understood by the President, did not intend 
to misrepresent him, or influence improperly his conduct. 

« January 20, 1845. See Donetoon to Allen, January 30, Igff. » A. L. 8. 



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COBBESPONDENCB WITH THE UNITED STATES. 347 

This voluntary disclaimer on the part of Mr Green of all intention 
to wound the feelings of the President or interfere in any manner 
with the conscientious dischai^e of his official duties, it is hoped, 
by the undersigned, will justify a withdrawal of the personal imputa- 
tion on his character and produce a restoration of the friendly rela- 
tions which would otherwise have continued to exist between them. 

The undersigned r^rets deeply that his confinement to the bed 
of sickness, from which he is yet hardly able to rise, has so long post- 
poned this explanation; but he is happy to say that he has in the 
interval received evidences of the most satisfactory nature that the 
disclaimer offered by Mr Green is not only sincere, but is consistent 
with the exposition, which a closer examination has afforded of the 
measures proposed to be accomplished by him through the agency 
of this Government, and in the interviews respecting which originated 
the misunderstanding between himself and the President. 

Of the opinion entertained by the undersigned of those measures, 
he does not deem it necessary on this occasion to say more than 
was suggested in his note of the 6th. on the subject. His object 
here is simply to be the medium of explanation for Mr Green, being 
satisfied that the President will take great pleasure in withdrawing 
personal imputations on his character, whenever he is satisfied that 
they are not deserved. 

The undersigned renews to the Honble Mr Allen the considerations 
of high regard and esteem with which he continues to be his 
Most Obedient sevt 

A J DONELSON 

Honble Ebenezeb Allen 

AttoTTuy General and Secretary of State ad interim oftTie Republic 
of Texas. 

Washington January 20th. 1845 
Dear Sir 

I have read the copy of the letter from the Secretary of State giving 
the reasons for the revocation by the President of Texas of the 
Exequatur, under which I acted as consul.** Nothing was further 
from my intention than to offer the slightest disrespect to him, or 
to resort to any improper means to obtain his sanction for the meas- 
ures to which he refers, and I trust that as an act of justice to us both, 
you will disclaim for me all intention to offer the slightest disrespect 
or to interfere in any manner with the consciencious and independent 
discharge of his public duty. 

I need not say to you that the measures referred to, as presented 
by me, were believed to be proper and expedient. My purpose is not 
to discuss them but to enable you to make the most unequivocal 
disclaimer and to put my intentions properly before the President 



• AUen to Donelson, Januvy 4, 1845. 



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348 AMERICAN HISTORICAL ASSOCIATION. 

I do this ns an act of justice to mjself leaTing hixn to act ns he may 
think proper. 

My letter of the 2nd. of January, published in the Telegraph ** was 
written under an apprehension that the President had intentionaly 
sought a quarrel without cause, and that altho an effort was then 
making to bring about a reconciliation it would not be accomplished. 
It was but natural that under such circumstances I should yield to 
the suggestions that he was, in fact, opposed to annexation and was 
acting under the advice of the British Minister. Yet you will see, 
by reading that letter, that I do not make the charge, but reserve 
my opinion subject to his future action. 

That letter was placed in the hands of the Editor of the Telegraph, 
not to be published unless it became necessary for my vindication. 
When I heard that in an interview with you the President indicated 
a willingness to do me justice I would have written to Houston to 
prevent its publication, but found upon inquiry that it was too late 
for an express to reach there in time. I regret its publication, as 
from the assurances received through you, I am satisfied that injustice 
has been done to the President. 
I have the honor to be 
very respectfully 

Your obdt servt 

Duff Green 
His Ex A. J Donaldson 

US. Charge 

etc etc 



(Copy.) 

Washington Jany Ist. 1846 
To 

Genl. Duff Gbeen 
Sm 

We have had the honor of receiving your note of this Inst., re- 
questing us to address you a written statement of the substance of the 
conversation which occurred at your room on the night of the 29th. 
ultimo ; as it had become important in explanation of a conversation 
with the President on the next day. 

We have no hesitation in communicating to the best of our recol- 
lection the substance of that conversation. We do not recollect any 
remark made by you, other, than of the most respectful, and confid- 
ing character in relation to the Executive. And we cannot but re- 
gret that any thing should have grown out of it making this commu- 
nication necessary. We were together in your room on the occasion 

o TOegraph and Texat Register for January 8, 184S. 



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CORRESPONDENCE WITH THE UNITED STATES. 349 

to which you allude. The conversation turned on the subject of 
annexation. The first of the undersigned spoke of the mass meetings 
which had lately been holden in the counties of Matagorda and Bra- 
zoria, and of the expression of opinion in his section of the country, 
that the President, heads of Departments and foreign Mmisters were 
all opposed to annexation. You expressed the decided belief that 
our Executive would not oppose a proposition from the United States 
for the annexation of Texas, which she ought [to,] or could accept. 
You further expressed the opinion that the recognition of Texas Inde- 
pendence by Mexico, without annexation, would be followed by the 
abolition of slavery in this country in five years. 

The first of the undersigned then stated that he had been among 
the first "to put in motion the ball of revolution" in Texas; that 
rather than submit to such a state of things, he would be willing to go 
into another revolution. You inquired * ' how " ? One of us responded 
'*by a convention of the people", to which the first gave his assent 
You still persisted in the expression of your belief that, the offer of 
such terms of annexation as Texas ought or could properly accept 
would meet with the Executive approval. 
We have [the] honor to be 

Sir, very Respectfully 

Your Obt. Servants 

(Signed.) Robt. H. Williams 

A. S. Thruston 
Jos. C. Meggerson 

DONELSON TO AlLEN.^ 

« 

Washington, Texas Jany Slst. 1845 
To the Honble 

Ebeneezer Allen 

Attorney General and Secretary ad interim of State of Texas 
Sm, 

I beg leave to call your attention to a claim, upon the Government 
of Texas, held by William B Lewis, Esqr. 2d Auditor of the Treasury 
of the United States. It is founded on an advance of money made 
in the winter of 1836-37, to the escort that accompanied Genl 
Santa Anna to Washington City under the authority of this Gov- 
ernment. The escort being out of funds were under the neces- 
sity of obtaining a loan at the Metropolis Bank of $1500 which 
was effected through the instrumentality of said Lewis as an endorser 
of their note. The liability to the Bank was duly met and paid by 
the endorser. 

As the endorsement was made on the faith of this Government, 
whose honor was involved in the transaction, it is believed that it 

a See Records of Department of State (Texas), Book 43, p. 48. 



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350 AMEBIC AN HISTORICAL ASSOCIATION. 

constitutes a claim which will be recognized with pleasure. It is 
understood to have been promptly acknowledged at the time by 
President Houston, who would have paid it but for the want of means 
in the Treasury. 

The subject is now submitted to the consideration of the Executive, 
with a hope that under his protection and recommendation, it may re- 
ceive such a disposition as will secure relief to the worthy citizen who 
so generously offered his credit to sustain an appeal made to him in 
behalf of Texas. 

I have the honor to be very respectfully 
Yr. Obt. Servt. 

a j donelson 

Allen to Donelson. 

Department op State, 
Washingtony [Texas,] 2l8L Jan'y 1846. 

The undersigned, Attorney General of the Republic of Texas, 
charged, ad interim, with the direction of the Department of State, 
has the honor to acknowledge the receipt of the note addressed to 
him, on yesterday, by the Hon. A. J. Donelson, Charg6 d' Affaires of 
the United States, relating to the ** objectionable conduct" recently 
imputed to Duff Green, Esq., originating in his interview with the 
President, enclosing Mr. Greens letter to the Hon. Mr. Donelson, 
under date of the 20th. inst., and the copy of a communication from 
three Gentlemen of this place to Mr. Green — the two latter having 
relation to the same subject, containing a disclaimer on his part to 
offer *'the slightest disrespect" to the Executive or to interfere in 
any manner with the conscientious and independent discharge of his 
public duty; and manifesting the desire that the Hon. Mr. Donelson 
should so present the matter to the President as to place before him 
in a proper point of view the intentions of Mr. Green. 

Towards that gentleman, Mr Donelson cahnot but be perfectly 
aware that the course pursued by His Excellency resulted alone from 
a sense of the official obligations incident to his station — in adopting 
which, he neither entertained nor was in any degree influenced by 
motives of private pique or personal unkindness; and the under- 
signed having submitted the note of the Hon. Mr. D. and its accom- 
panying communications, to His Excellency, has the satisfaction of 
announcing, in reply, that His Excellency, accepts the disclaimer of 
Mr. Green, coming as it does with the explanations in his behalf, 
which the Hon. Mr. Donelson has presented. 

A necessity for giving color to suspicions prejudicial to any indi- 
vidual, of wounding his feelings, or in any degree interrupting his 
private relations in society, be the justification ever so apparent or 



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COBEESPONDENCE WITH THE UNITED STATES. 351 

the duty ever so imperative always prevents an alternative to be 
regretted by the ingenuous and the honorable. Alive to such feel- 
ings, His Excellency is happy to avail himself of the occasion to obvi- 
ate, so far as the tenor of the correspondence referred to will warrant, 
the injurious effect of any imputations resting upon the private char- 
acter of Mr. Green resulting from a possible misunderstanding of the 
motives which actuated him in his interviews with the Executive; 
who as the undersigned is instructed to inform Mr. D. is willing to 
beUeve that he may have misapprehended the intentions of Mr. 
Green, and that his designs were in fact as expressed in the language 
of his disclaimer. 

The President duly appreciates the honorable motives which 
induced Mr. Donelson to become the medium of explanation, as 
stated in his note, for Mr. Green, but in announcing this acceptance 
of the explanation thus offered and the proposition, suggested by the 
Hon. Mr. D. in the matter under consideration, the undersigned must 
be permitted to remark, that he is happy to perceive from the letter 
of Mr. Green that he regrets the pubUcation of his communication 
addressed to the Editor of the Telegraph under date of the 2d. 
instant, and the acknowledged injustice [which] has thereby been 
done to the President. The apparent charge conveyed by the lan- 
guage of that article that the Executive was opposed to annexation 
and was acting under the advice of the British Minister, requires no 
remark from the undersigned, as he conceives, to obviate any unfavor- 
able impressions which such a chaise would be calculated to make 
upon the mind of Mr. D. — or to convince him of its fallacy and injus- 
tice. The state of the negotiations pending between this government 
and that of the United States, the evidences of which are in Mr. D's 
possession would furnish to such a charge even if seriously made, a 
sufficient refutation: Mr. Greeny however, in his letter communicated 
vnth the note of Mr. D., to the undersigned, denies making such a 
charge — ^which would in fact have been wholly at variance with his 
own repeated declarations as stated in the letter of the three gentle- 
men, before alluded to, bearing date only one day before that of his 
communication to the Telegraph, a copy of which is reUed upon as a 
part of the explanation submitted in his behalf. 

The recovery of Mr. Donelson, from recent severe illness, affords to 

His Excellency an occasion of sincere joy and congratulation, in which 

the undersigned most cordially participating, renews to Mr. D. the 

assurance of the high regard with which he has the honor to remain 

His Most Obedient Servant. 

(Signed) Ebenb. Allen. 

To 
Hon. A. J. Donelson 

Chargd d^ Affaires of the U. S. etc. etc. etc. 



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352 amekican historical association. 

Calhoun to Raymond.^ 



Calhoun to Raymond.* 



Raymond to Calhoun/ 



DONELSON TO JoNES.** 



Raymond to Allen.* 



Dispatch No 140. 



Legation op Texas 
Washington D. C. January £7ih. 184S 
Hon E. Allen 

etc etCy etc 
Sir: 

Enclosed herewith I have the honor to transmit to you copies of 
the note of Mr Calhoun, Secretary of State of the United States, of 
the 22nd. instant, and the Resolution of the House of Representatives 
which accompanied it, and also my reply to the same. 

I also send you a copy of the Joint Resolution declaring the terms 
on which Congress will admit Texas into this Union as a State, 
which passed tlie House of Representatives of the United States 
on the 25th. instant by a vote of 120 to 98, Several whig members 
voted for, and several nortliem democrats against it, so that it was 
not passed by a strict party vote. The northern democrats who 
voted against it, at the same time expressed themselves favorable to the 
measure of annexation, but desired further restrictions with regard 
to slavery. It will in my opinion pass the Senate by a smdU majority ; 
and be approved by the President of the United States. The door 
will thus be opened for our admission into this great and glorious 
confederacy of states; and it will remain for Texas to say whether 
she will become a State of this Union and upon what terms and 
conditions. If we but let the slavery compromise stand as the 
Joint Resolution leaves it, I am well satisfied that the next Congress 
which convenes at this Capitol, will agree to almost any terms we 
may name. 



a January 22, 1S45. See RaTxnond to Allen, January 27, 1845. 

b January 22, 1845. See Raymond to Allen, February 6, 1845. 

e January 23, 1845. See Raymond to Allen, January 27, 1845. 

d January 23, 1845. See Calendar of Corresiwndence with the United States In Part L 

• A.L.S. 



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COBEESPONDENCB WITH THE UNITED STATES. 353 

I send to you by to day's mail the "Globe" "National Intelli- 
gencer" and "Constitution" of the 25th. instant in which you will 
find the several Joint resolutions for annexation which were before 
the House of Representatives and the vote upon each of them. 
I have the honor to be, with high consideration, 
Your Obedient Servant 

Chas. H. Rayhokd 



(Mr CtDioim to Mr Bafymond.) 

Department op State 
Washington [D. C.,] January 22nd. 1846 
Sm: 

I have the, honor to Aldose herewith a copy of a Resolution of 
the House of Representatives of the 14th. Inst.; and respectfully 
request to be furnished with such information as you may possess 
in reference to the subjects mentioned, not heretofore communicated 
by you to the Department, as may enable me to answer the call, at 
as early a day as possible. 
I have the honor to be, with high consideration, 
Sir, 

Your Obedient Servant, 

(Signed) J. C. Calhoun. 

To C. H. Raymond Esq 

etc, etc, etc 

[Next come copies of the resolution referred to, inquiring after 
the financial condition, population, and landed resources of Texas;* 
Rajrmond to Calhoun, January 23, 1845, '^ in reply to Calhoun's 
of the 22nd; and of the joint resolution of the United States Congress, 
declaring the terms of annexation as it stood when the despatch was 
written. <^] 

Donelson to Calhoun.^ 



DoNELsoN to Calhoun.* 



Raymond to Calhoun.-^ 



a Ccnf. CFtobe, 28th Cong., 2nd Sees., p. 135. 

b B— Calendar of Correspondenoe wtth the United States in Part I. 

c See Cong. Qloibe, 28th Cong., 2nd Seas., p. 193. 

d Janoary 27, 1845. See Calendar of Correspondenoe with the United States In Part I. 

< January 30, 1845. See Calendar of Correspondence with the United States hi Part I, 

/ February 6, 1845. See Raymond to Alien, February 6, 1846. 

39728**— VOL 2, PT 1—11 ^28 

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354 amebican historical association. 

Raymond to Allen.* 
Dispatch No. 141. 

Legation of Texas 
WasUngUm D. C. Fehy 6ih. 1845 

HonE. Allen 

etc. etc, etc. 
Sib 

I have the honor to acknowledge the receipt of your dispatch of the 
10th ultimo; and am gratified that my reply, as communicated in my 
private dispatch of the 17 th of December, last, to the inquiries so 
frequently addressed to me by members of Congress and others in 
this coimtry relative to the present views of our Government in regard 
to annexation, meets the approbation of the President. 

A majority of the Committee on Foreign Relations in the Senate 
reported on the 5th. inst; against the Joint Resolution for annexa- 
tion which had previoudy passed the House of Representatives. 
Their principal objection was the unconstitutionaUty of the proposed 
mode of admitting Texas into the Union; they however suggested 
no other method for its accomplishment, but recommended that the 
whole subject be laid on the table. 

On yesterday, Col. Benton withdrew his former bill for the annexa- 
tion of Texas; and offered a substitute for the same. I herewith 
enclose you a copy of his substitute, which after some alterations, or 
perhaps as it now stands, will probably meet the approval of three 
fifths of the Senate. 

I have the honor, also, herewith to transmit you a copy of the 
note of Mr. Calhouns, Secretary of State of the United States, of the 
22nd. ultimo, in reference to two Texan boys who were captured by 
Indians, and supposed to be among the Wichitaws, within the United 
States, and of my reply to the same of this date. 

Mr. Calhoun is just recovering from a severe attack of pneumonia. 

I have the honor to be, with sentiments of high regard and esteem 
Your Obedient Servant 

Chas. H. Raymond 

[Next follow copies of Benton's substitute bill referred to, pro- 
viding for negotiations for annexation, and appropriating one hun- 
dred thousand dollars to pay the expense of such negotiations; '^ 
Calhoun to Raymond, January 22, 1845.*'] 



(Mr Raymond to Mr Calhoan.) 

Legation of Texas 
Washington February 6th. ISJfi 
The Undersigned, Charg6 d'Affaires ad interim of the RepubUc of 
Texas has the honor to acknowledge the receipt of the note of Mr 

aA.L.S. 

b See Cong. Globe, 28 Cong., 2 Sees., p. 244. 

«See Calendar of Conespondenoe with tine Unltad States in Part L 



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COBBESPONDENCE WITH THE UNITED STATES. 355 

Calhoun, Secretary of State of the United States, of the 22nd. ultimo, 
informing him of the measures taken by the Government of the 
United States for the recovery of two Texan white boys, who were 
supposed to be in captivity among the Wichitaw Indians, within the 
United States, and of the fact, that, after a careful examination 
through the village inhabited by that tribe, the persons making the 
search became satisfied the boys were not in possession of the 
Wichitaws. 

The Government of the Undersigned will be gratified to learn of the 
earnest eflforts so promptly and willingly made by the Government 
of the United States for the recovery and restoration of the two boys 
to their kindred and coimtry ; and although those efforts have, as yet, 
failed in effecting their humane purpose, they nevertheless furnish 
renewed evidence of the friendly disposition of the Government of 
the United States, towards the Government and people of Texas, 
and of its determination to fulfill, in good faith, its treaty stipulations 
with that country. 

As there is a rumor, perhaps well founded, that the boys are held 
as captives by Eackapoos or Comanches, Indian tribes inhabiting the 
territory of the United States, the Undersigned entertains the hope 
that the Government of the United States will not relax its efforts 
until the place of their captivity be discovered and they be safely 
delivered into the hands of their friends. 

The Undersigned avails himself of this occasion to offer Mr Calhoun 
renewed assurances of his high consideration. 

Chas. H. Raymond 
To the Honorable 

J, C. Calhoun 

etc. etc. etc. 



Raymond to Calhoun.* 



Smith to Donelson. 

Department op State 
Wdshington on the Brazos. 

February 10th 1845 
The Undersigned, Secretary of State of the Republic of Texas, 
has the honor to acknowledged the receipt of the note of the Hon. 
A. J. Donelson Charg6 d' Affaires of the United States of America, 
bearing date the 2d Deer. 1844. together with the accompanying 
documents, in relation to a complaint made against the Collector 
of the Customs at Sabine in Texas, inasmuch as this officer required 



o February 10, 1845. See Raymond to Allen, February 18, 1845. 



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356 AMEBIC AN HISTORICAL ASSOCIATION. 

the payment of tonnage duties from certain American Teasds resort- 
ing to the port of Sabine for commerce. ^The right of every nation 
to make those interior regulations respecting commeroe aad navi- 
gation which it shall find most convenient to itaelf and to reserve 
to itself the liberty of admitting at its pleasure other nations to a 
participation of the advantages of its commerce, is a doctrine which 
has received the solemn and repeated sanction of the American 
Government, and will not, it is presumed, be controverted by the 
Hon. Mr. Donelson. On this clear principle the Government of 
Texas may of right establish the conditions on which they wiU 
admit other nations to come to their shores and receive the products 
of their soil or carry on commerce with their inhabitants; and they 
may require as one of the conditions of vessels trading with their 
port of Sabine the payment of dues or tonnage duties 

The town of Sabine in Texas is a commercial fori; the adjacent 
country along Sabine Bay is washed by navigable waters; and the 
whole is subject to all the uses and incidents appertaining to a coast 
bordered by navigable waters. The port in question cannot be 
used except as a party a marUime depot, for ordinary commercial 
purposes, neither can it by any fiction be regarded in any other light. 
If Sabine be not used as a port it cannot be used for commercial pur- 
poses at all; and the GoVt of Texas, as already intimated, may 
require as one of the conditions on which they will allow foreign 
vessels to trade with this port, the payment of tonnage duties; and 
if the payment of these duties be refused may bring to all vesseb 
so refusing and compel payment. Relatively to this point, the under- 
signed begs to cite Mr Jefferson who in 1792, then Secretary of StaCe 
under General Washington declared in a commimication on a matter 
similar to the one now imder discussion that, **the right to use a 
thing comprehends a right to the means necessary to its use and 
without which it would be useless." And this doctrine has been 
since explicitly asserted by all the American text writers on Inter- 
national Law and solemnly affirmed and acted on by the American 
Government. If moreover the use of such means be refused on a 
plea of ** jurisdiction" or the use so shackled by unnecessary regu- 
lations as to render it unavailable by Texas, it then becomes an injury 
of which Texas may demand redress. 

If the Government of Texas do not possess the right to collect 
tonnage dues and establish the other customary regulations of 
commerce for the port of Sabine, then have we at Sabine the most 
absolutely free port in the world, and there exists no authority 
any where to regulate or supervise the commerce that may be carried 
on thereat. The undersigned does not suppose that the Hon. Mr 

a Opposite the beginning of this sentence in the margin are written the words, " Treatf between Fmdob 
and the United States of 1778, preamble." 



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C0BRE6P0NDEKCE WITH THE UNITED STATES. 357 

Donelson on the plea of ''jurisdiction" would claim for his Gov- 
enunent the right to establidi a custom house at the Sabine to regu- 
late the commerce of the port, thus making the soil of Texas appur- 
tenant to the water which washes its shores. The authority to regu- 
late the commerce of the port in question must exist somewhere. 
The undersigned believes it is vested in the Nation owning the terra 
•firma. Custom Houses are established on Vmi and not on the 
waUr although their operation extends over the water. 

If the ri^t contended for by Texas exist at all, it is and must of 
necessity be exercised as a 'perfect right, otherwise it would be utterly 
nugatory. It would be idle to establish regulations for the commerce 
carried on upon its coast, if vessels in sight and even within short gun 
shot of the shore may openly set at naught or evade those regula- 
tions. And a limited jurisdiction for this purpose must be exercised 
by Texas over the adjacent waters. 

So bold an evasion and flagrant a violation of the revenue laws 
of Texas as has been attempted by the averment that the commerce 
between the shore and foreign bottoms has been carried on by means 
of flat boats or keel boats, will not surely be justified by the Hon Mr. 
Donelson. To prevent Uke audacious frauds, England and the 
United States claim and exercise for this special purpose a jurisdic- 
tion of twelve miles from their coasts respectively, within which 
distance they will not allow such fraudulent trans-shipments to be 
made. 

By the terms of the Treaty of 1819, made between Spain and the 
United States, renewed in 1828, between Mexico and the U. States 
and finally established in 1838 between Texas and the United States, 
as the basis for running the boundary line, without any change of 
language so far as relates to the boimdary and the waters of Sabine 
Bay; it is declared that the ''use of the waters and the navigation" 
of the Bay are common to the inhabitants of both countries. This 
stipulation is declaratory of the right of Texas to the use of the 
waters in question, and is as clear and essential a portion of the Treaty 
as that which establishes the boimdary line along the Western bank 
of these waters. 

The undersigned has entered into a brief argument above to show 
on soimd principles of public law and from the necessity of the case, 
that a harren use was not intended — a bare permission to sail in and 
out of Sabine Pass — but a beneficial use for all things which may be 
lawfully done on shore. If foreign vessels resort to the port of 
Sabine to receive the products of Texas, the Nation owning the land 
and this nation alone, can impose tonnage duties and if necessary 
can go upon the water to enforce the collection of them by virtue of 
their right of use solemnly recognised in the Treaty in question. It 
would be violative of the best established of all rules of interpreta- 



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358 AMEBICAN HISTORICAL ASSOCIATION, 

tion, so to interpret the ^* jurisdiction" as to exclude the use; both 
rights repose on the same basis and are not incompatible; effect 
must therefore be given to both. No incompatibility or conflict 
can arise, inasmuch as the United States cannot claim to establish 
custom houses at the port of Sabine nor collect duties upon Texian 
soil on the products shipped or foreign merchandize imported there; 
To do these acts appertains of right exclusively to Texas on princi- 
ples of public law and by the provision of the Treaty of Boundary. 

The Undersigned cannot therefore admit the opinion exprrased 
by the Hon Mr Donelson that ''the authority to collect these duties 
cannot be recognised by the United States without a surrender of 
their jurisdiction of the waters of Sabine pass, Lake and river"; on 
the contrary he conceives that the Government of Texas have a 
perfect right to collect these duties and to the "use and navigation" 
of the waters in question for this purpose, and their collection does 
not conflict with the just claims of the United States nor afford that 
Government any good cause of complaint. He cannot believe that 
the Government of the United States propose so to stretch the inter- 
pretation to be given to their ''jurisdiction" as to sustain their citi- 
zens in violating those laws which the people of Texas may legiti- 
mately establish, as a condition of commerce with them. 

The undersigned embraces this opportunity to present to the Hon. 
Mr Donelson assurances of the high consideration with which he has 
the honor to be. 

Most Respectfully 

His Very Obedient Servant 

(signed) Ashbel Smith 

Hon. A. J. Donelson 

Charge d^ Affaires of the United States of America 
etc. etc, etc. 



Raymond to Calhoun.** 



Smith to Raymond. 

Depaktment op State 

Texas, Fehy. 11, I84B. 
Sir:— 

I have the honor to acknowledge the receipt of your despatches 
bearing date the 4th and 16th ultimo. 

His Excellency the President wishes you to remain at your post 
until the 4th March next, and in the meantime to use your most 
strenuous exertions in every proper manner to accomplish the 

a February 11, 1845. See Raymond to Allen, February 18, 1845. 



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COBRtiSPONDENCfi WI'tH THE UNITED STATES. 359 

annexation of Texas to the American Union — a measure earnestly 
desired by this Government. The Hon. D. S. Kaufman has been 
appointed Minister Charg6 d' Affaires of this Country to reside near 
the Government of Washington on the Potomac and will proceed to 
his post early in the spring. It is the wish of H. E.^* the President 
therefore that as soon as may be convenient after the 4th of March 
you take leave of the American Government in the customary 
manner, and return to Texas, unless the interests of this country 
should render it expedient to delay for some short time your departure. 
I am also instructed by the President to express to you his entire 
satisfaction with your efforts to accomplish annexation and generally 
with the manner in which you have executed the duties devolving 
on you as acting Chargfi d'Aff. of Texas. 

♦ ♦♦♦♦♦ 416 

An exchange of official documents is a courtesy frequently prac- 
tised between different Governments. From the British Gov. we 
have received publications made by order of Parliament of great 
value. Should a proper occasion present itself, you can intimate 
verbally to the Secretary of State that this Gov. would willingly 
make a similar exchange of public documents with the United 
States. The collection of "American State papers" published 
under direction of Congress would be highly useful to us. 

I have the honor to be, with sentiments of high consideration 
Very Respectfully 

Your most obedient Servant. 

Charles H. Raymond Esq. 
Actg. Charge d' Affaires of Texas, etc. 



Thomas to Aebuckle.^ 



Crawford to Armstrong.*' 



Raymond to Allen.* 

[Despatch No. 142.] Legation op Texas 

Washington D. C. Fehry 18th I84B 
Hon E Allen 

etc etc etc 
Sir: 

Your despatches of the 16th and 20th ultimo came to hand on the 
9th inst., and received my inmiediate attention; as you will perceive 

a His Excellency. 

b The paragraph omitted relates to Raymond's salary. 

e February 13, 1845. See Raymond to Allen, February 21, 1845. 

d February 17, 1845. See Raymond to Allen, February 21, 1846. 

e Tix this letter and Its indosures, see Records of Department of State (Texas), Book 43, pp. fl»-«l. 



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360 AMERICAN HISTORICAL ASSOCIATION. 

by copies of my notes to Mr. Calhoun, Secretary of State of the 
United States, of the 10th and 11th instant, herewith eiiclosed. 

On the 11th instant the Department of State submitted the testi- 
mony of Messrs Bourland and Wright to the Committee of Ways 
and Means of the House of Bepresentatiyes, in order that the neces- 
sary appropriation may be made by Congress to meet the demands 
of our Government, which I cannot doubt will be done. 

I understand, from the Secretary of State that the Department 
of War, to which the case of Mrs. Simpson's children has been referred, 
will adopt the most active and efficient measures to procure the 
release of the captives and their restoration to friends and country. 
I will forward you a copy of the orders of the War Department 
touching this matter so soon as I shall be furnished with them. 

The President and Vice President elect arrived in the City on Thurs- 
day last. On Saturday I paid my respects to them and met with 
a warm and cordial reception from both. 

The Senate has not yet acted on the Joint Resolutions for the 
annexation of Texas. Their discussion will probably consume the 
whole of this week; but if the friends of annexation in the Senate 
will, even then, unite upon the House resolutions, or a similar plan, 
the measure can and will be carried the present session. 

I have the honor to be, with sentiments of highest regard, 
Your obedient servant, 

Chas H Raymond 



(Mr Raymond to Mr Calhoan.) 

Legation op Texas 
Washington February 10th I84S 

The undersigned, Charg6 d' Affaires ad interim of the Republic of 
Texas, by direction of his Government has the honor to transmit, 
herewith, to Mr. Calhoun, Secretary of State of the United States, the 
depositions of James Bourland, Collector of customs for the Red 
River District, in Texas, and George W Wright, a citizen of Lamar 
county and Senator in the Texian Congress, in relation to the seizure, 
in March 1843 by said Collector, of certain goods introduced into that 
Republic in violation of her revenue laws, by citizens of the United 
States — the subsequent forcible rescue of those goods by the importers 
and their abusive treatment, at the same time, of the person of the 
Collector — all of which has heretofore been the subject of correspond- 
ence between the two Governments.** 

The depositions are properly authenticated before the Hon M. P. 
Norton, Judge of the District Court of the 6th Judicial District of 
Texas; and establish most clearly the facts of the illegal introduction 

a For the depositions of Bourland and Wright, see Allen to Raymond, January 20, 1845. 



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CORRESPONDENCE WITH THE UNITED STATES. 361 

of the goods, their forcible seizure and taking away by citizens of the 
United States; and, as near as possible under the circumstances, the 
amount of damage suffered in consequence. 

The evidence being full and explicit, covering all ihe points sug- 
gested in Mr Calhoun's note of the 2nd. of December, last, to the 
undersigned, on this subject; and the whole case having been fully 
examined and discussed, the undersigned can at present, see no 
obstacle to its speedy, final and satisfactory adjustment — an event 
which he hopes soon to have the pleasure of communicating to his 
Government. 

The undersigned avails himself of this occasion to offer Mr. Calhoun 
assurances of his distinguished consideration. 

Chas. H Raymond 
To the Honorable J. C. Calhoun 

etc etc. etc. 



(Mr. Raymond to Mr Calhoun.) 

Legation of Texas 
Washington February 11th I84S 

The undersigned Charg6 d' Affaires ad interim of the RepubUc of 
Texas, has the honor to inform Mr Calhouh, Secretary of State of the 
United States, that Major Thos G Western, Superintendent of Indian 
Affairs of Texas, has received, under date of the 6th ultimo, a letter 
from Messers L. H WiUiams and B Sloat, Indian Agents in the service 
of that RepubUc, from which it appears that the two children of Mrs. 
Simpson, a widow lady — the one a son named William, about twelve, 
and the other a daughter named Jane, about fourteen years of age, 
who were stolen from their motheris residence at Austin on the Colo- 
rado river, in Texas, early in the monlh of November, last, are now 
in the possession of the Waco and Toweash or Wichita Indians, 
encamped in the Wichita mountains, about 550 miles northerly from 
the City of Washington, Texas, and within the territory of the United 
States. The tribe of Indians, with which the Wacos are encamped 
in the mountains, is known indifferently as the Toweash or Wichita. 

Messrs Williams and Sloat were sent out immediately after the 
news of the capture reached the ears of the President for the purpose 
of seeking and recovering these children from their Indian captors, 
but having reached a point some two hundred nailes above the said 
City of Washington, they found it impossible to proceed. The 
prairies, for hundreds of miles across which they must travel, being 
at that season destitute of grass, and furnishing no food for their 
horses. They, however, ascertained the facts stated in their letter, 
to Major Western, from the Comanches and other friendly Indians, 
whom they met in their travels and at Torrey^s trading house, as well 



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362 AMERICAN HISTORICAI> ASSOCIATION. 

as from their personal observation and knowledge of the course and 
character of the Indians committing the outrage. These agents will 
reconmience their journey so soon as the grass shall spring up, and 
will reach Fort Towson early in the Spring. 

In view of the foregoing facts, the undersigned is directed by his 
Government, formally, but most respectfully, to request of the Gov- 
ernment of the United States the aid of its authorities to effect the 
release of these prisoners and their safe conveyance to Fort Towson 
or some other point, where they can be deUvered to the Texian 
agents, and thus restored to their home and friends, as provided in 
the 33rd article of the Treaty of 1831. 

The hope is confidently indulged that the efforts of the Texian 
Agents, seconded by the powerful assistance, which the President of 
Texas doubts not will be cheerfully accorded by the Government of 
the United States, will lead to the speedy release of these youthful 
captives from their savage masters; and while engaged in accom- 
plishing this humane object, it is not improbable that the two boys 
mentioned in Mr Van Zandt's note of the 10th of August, last, who 
were captured by the Indians on the Trinity river in the early part of 
last year, but whose place of captivity the agents of the United 
States have hitherto been unable to discover, may also be found and 
restored to their country. 

The undersigned avails himself of this occasion to offer Mr Calhoun 
renewed assurances of his distinguished consideration 

Chas H Raymond 
To the Honorable J. C Calhoun 

etc, etc. etc. 



WiLKiNS TO Calhoun." 



Calhoun to Raymond.* 



Dispatch No 143. 



Raymond to Allen.*' 



Legation op Texas 
WasUngton D. C. February 21st. 1845 
Hon E. Allen 

etc. etc. etc 
Sir 

I have the honor to transmit you herewith a copy of the note of 
Mr Calhoun, Secretary of State of the United States, of the 20th. 

m . i-^ ^ _^__^___— — — , 

a February 18, 1845. See Raymond to Allen, February 21, 1845. 
h February 20, 1845. See Raymond to Allen, February 21, 1845. 
«A.L. S. 



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COBEESPONDENCE WITH THE tTKITED STATES. 363 

inst. and the documents which accompanied it, in reply to my note to 
him of the 1 1th. inst., in which I requested the interposition of his Gov- 
ernment in effecting the liberation of the two children of Mrs Simpson 
from their captivity and their restoration to their own country; and 
also suggested that further inquiries and efforts be made, at the same 
time, for the discovery, release and safe return to their home and 
friends of the two boys who were captured by Indians in the early 
part of last year on the Trinity, and supposed to be held as captives 
by Indians within the territory of the United States. 

I deemed it unnecessary, in my communication to Mr Calhoun, to 
state that our Grovemment would defray the expenses incurred in 
''the transmission and maintenance" of the children should they be 
fortunately recovered, because this is fully understood and provided 
for in the 33rd. article of the treaty of 1831. 

The Government of the United States, as you will perceive by refer- 
ence to the orders given, has evinced a laudable disposition to carry 
out in good faith its treaty stipulations with our country, and mani- 
fested a most conmiendable anxiety for the welfare of the captive 
children. 

Some of the friends of annexation in the Senate are in favor (for 
the purpose of strengthening the measure and adding to their forces) 
of attaching to the joint resolutions of the House Col Benton's propo- 
sition, as a proviso, to go into effect only in case Texas should refuse 
to accede to the terms expressed in the proposition which has passed 
the House. I succeeded on yesterday in ascertaining, to my entire 
satisfaction, that all essential differences among the democratic 
Senators had been removed, and that they will come up to the support 
of the measure of annexation in one solid phalanx, and that a suffi- 
cient number of whig Senators will unite with them to carry it. The 
only question among them seems now to be, whether they will adopt 
the joint resolutions as they passed the House, with perhaps some 
slight and not very material alterations, or pass them with Col 
Benton's proposition attached as a proviso. With the vote of Senator 
Foster of Tennessee either plan could be carried, but I understand he 
objects to the proviso proposed, and unless he yield, the joint resolu- 
tions of the House must be passed pretty much as they now stand. 

It is understood that the President elect is exceedingly desirous 
to have the question settled the present session of Congress; and that 
letters have just been received here from Gov Wright and Ex Presi- 
dent Van Buren of New York urging immediate annexation. Col 
Benton seems disposed to yield, to some extent, his own views to 
those of the great body of his party. In a conversation I had with 
him, on yesterday, he stated that he entertained not the slightest doubt 
of the passage of the measure at this session to admit Texas as a State 
into this Union. 



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864 AMEBICAN HISTOBICAIi A8B0CUTI0N. 

Information reached here yesterday, which is believed by many to 
be authentic, that the new Government of Mexico had intercepted 
and communicated to Congress a dispatch from Santa Anna to the 
British Minister, by which the astounding fact was disposed that he 
had entered into a treaty vvith Great Britain, transfering to her the 
two Califomias. But being made without authority and in violation 
of the Constitution the treaty cdbnot, of course, be binding on the 
Mexican Nation. 

If we are to credit the testimony of the ''London Times" and the 
''Havre Journal,'' England has made overtures to France to unite 
with her in measures to prevent the annexation of Texas to the 
United States. I have sent you, "The Globe" of the 18th. and 20th. 
instants, containing extracts from the above named newspapers. 

My last dispatch from your Department is da^d the 20th. ultimo. 

I have the honor to be with distinguished regard 
Your Obedient Servant 

Chas. H. Batmoitd 

[Inclosed are copies of the following:** Thomas to Arbuckle, Feb- 
ruary 13, 1845; Crawford to Armstrong, February 17, 1845; Wilkins 
to Calhoim, February 18, 1845; Calhoun to Raymond, February 
20, 1845.] 

Raymond to Allen.'^ 

Dispatch No 144. Legation op Texas 

Washington D. C. February gSth. 1845 
Hon E. AiXEN 

etc. etc. etc. 
Sm: 

The door is at length opened for the admission of Texas into this 
Union. The great struggle is over and nothing now remains to be 
done except to agree upon the terms of "admission and cession". 
The contest has been severe — the battle well and nobly fought — 
annexation has triumphed, and its friends have gained a glorious 
victory. 

Enclosed herewith I have the honor and gratification of transmit- 
ting to you a copy of a ' 'Joint Resolution for annexing Texas to the 
United States" which has just been passed by the Congress of this 
Republic* On yesterday it passed the Senate, in its present shape, 
by a vote of 27 to 25 — ^To day the House concurred in the Senate's 
amendment by a vote of 132 to 76. 

a Sm Caleadar of CorrespoQ^enoe with the Uiiited Stat«B In Part I. 

b See ReoordB of Texan Legation at Washington from August 16, 1844, to November 8, 1846 (In Tezaf 
State Library), p. 38. 
« For the resolution, see Oong. Globe, 28th Cong., 2nd Bess., p. 362. 



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C0BBE8P0NDBNCE WITH THE UNITED STATES. 365 

The terms and conditions of the Joint Besolution, m originsUy 
passed by the House, may not be aoceptabk to Texas: and I there- 
fore hail with joy the amendment at the Senate; and am fully per- 
suaded Uiat the resohtticm, as it now stands, will accomplish the 
gfeat object which its friends had in yiew. 
I have the honor to be with high regard, 
Your obedient Sert. 

Chas. H« Eatmonp 

Joint Resolution for Annexing Texas to the United States.** 



Calhoun to Dokslson.^ 



Aebuokle to Adjutant-General [Jones]. *^ 



Almonte to Calhoun.** 



Buchanan to Donelson.* 



Buchanan to Almonte,' 



Newell to Smith.^ 

[Concerning the collection of duties from American vessels at 
Sabine.] 

Smfth to Raymond. 

Departbhcnt of State 

March SI, 184£. 
Sm, 

I hare the honor to acknowledge the receipt of your dispatches 
nos 142 and 143 addressed to this Department, together with the 
enclosed docimients. 

From the subjoined memorandimi commimicated to me from the 
Indian Bureau, you will learn that of the two children of Mrs. Simp- 
son stolen by the Comanches, one is dead and the other has been 
restored to his mother. Of course all further inquiry after them is 
superseded. In communicating these facts to the American Govt. 

a Mflrob 1, 1846. See Senate Journal, Oth Tex. Cong., Extra Sefsfon, p. 13-14. Copy Incloeed with 
Doneison to Allen, March 31, 1845. 
MCarah 3, 1845. See Calendar of Correspondence with the United States in Part I. 
cliarche, 1845. See Calendar of Correspondenoe with the UnfOMlStoteB in ?artl. 
d March 6, 1846. See Raymond to Allen, April 30, 1845. 

« March 10, 1845. See Calendar of Correspondence with the United States in Part I. 
/March 10, 1846. See Raymond to Allen, AprU 30, 1845. 
^Maiohl6,1846. 



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366 AMERICAN HISTORICAL ASSOCIATION. 

you will make the proper acknowledgments for their prompt efforta 
to recover the children in question. 

I beg to call your attention to the exchange of official docimients 
between this and the United States Grovemment as suggested in a 
former despatch of mine to you. Cases are occurring almost daily 
in which these papers would be highly conyenient, not to say that 
they are indispensable to us. Since the date of my last dispatch, I 
have received a communication from M. de Saligny proposing a simi- 
lar interchange between ours and the French Grovemment. If the 
exchange proposed shall be acceded to I shall place the Laws, etc of 
this country at the disposition of the American Charg6 d' Affaires so 
soon as he shall reach his post. 

[Here follows the memorandum.^] 



Smith to Newell. 

Defabthent of State, 
Washington on the Brassos 

March 24, 1845 
Sm, 

I have to acknowledge the receipt of your communication of the 
16th Instant stating that ''the absence of the Hon A. J. Donelson 
Charg6 d' Affaires of the United States near the Ck)vemment of Texas 
having created that kind of emergency which authorizes Consuls of 
the United States to communicate with the Grovemment of Texas'', 
and calling my attention to matters touching the collection of duties 
by the Collector at Sabine on American vessels resorting to that port 
for commerce. 

I beg to state in reply that this subject will be attended to on the 
part of Texas immediately on the return of the Hon the Charg6 
d' Affaires of the U. States to his post near this Government. Mr 
Newell is undoubtedly aware that a discussion of this matter at the 
present time would be without any useful object, 

I take this occasion to mention that the Chief Clerk of this Depart- 
ment to whom has been entrusted the collection and forwarding of 
the late Hon T. A. Howard's effects, got the same into possession 
yesterday, and that he will forward them without delay, by the first 
safe means, of doing so. 
I am with great respect 

Your most obed. servant 

A.S. 
Stewart Newell Esquire 
Consul of the U. States 
Etc. Etc. Etc. 

a See Calendar of Correspondeiioe with the UnJted States in Part I, under title of Raymond to Bnnhamm, 
AprU30,1845. 



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COBEBSPOITOENCE WITH THE UNITED STATES. 367 

DONELSON TO BUCHANAN,« 



DONELSON TO BuOHANAN.* 



DONELSON TO AlLEN.*^ 



Mabot to Buchanan.* 



Raymond to Smith.<* 

No 145. Legation op Texas 

Washington D. C. March Slst. 1845 
Hon AsHBEL Smith 

Secretary of State 
Sm: 

I have the honor to acknowledge the receipt of your despatch of 
the 11th. ultimO; notifying me that the Hon David S. Kaufman, had 
been appointed Minister Chargfi d'AflFaires of Texas to reside near 
the Grovemment of Washington on the Potomac, and granting me 
permission to return home as soon as convenient after the 4th. 
instant, unless the interests of Texas should render it expedient to 
delay for some short time my departure. Had I consulted my own 
inclination, I should not have failed to take advantage of the per- 
mission to return, but in view of the posture of our aflfairs in respect 
to annexation, I thought it proper and expedient, and therefore my 
duty, to remain at my post imtil I should learn the determination 
of the Government concerning the overtures, which had been made 
to it, by this Government, through Major Donelson its Charg6 
d'AflFaires, for the annexation of Texas to the American Union, unless 
the arrival of Major Kaufman, in the mean time, should render my 
longer stay unnecessary. Immediately after the receipt of your 
dispatch, which came to hand about two weeks ago, I called upon 
Mr Buchanan, Secretary of State, of the United States, and men- 
tioned my desire to leave in a few days and asked his opinion about 
the propriety of my doing so. In reply he urged me with consider- 
able earnestness to delay my departure until we should hear from 
Texas, after the overtures for annexation had been presented to her 
Government, as in all probability it would be necessary afterwards 

• Marah24,1845. See Calendar of Correspoiidenoe with the United States in Part I. 
b March 28, 1846. See Calendar of Correspondence with the United States in Part I. 
« March 31 , 1845. See. Calendar of Correspondence with the United States in Part I. 
^See Records of Texan Legatton at WMbin^too firozn August 16, 1M4, to November 8, 1845 (in the Texaff 
State Library), pp. 3M2. 



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868 AMEBICAN HISTORICAL ASSOCIATION. 

for this Grovemment to hold some correspondence with the Texian 
Representative here upon the subject. In these views Mr Walker, 
Secretary of the Treasury, coincided fully and expressed his strong 
conviction of the importance of my remaining. Under these circum- 
stances I have, with some inconvenience to myself, prolonged my 
stay here and purpose, unless I receive instructions to the contrary, 
to postpone taking my leave of this Government until I hear the 
result of the overtures alluded to; and inasmuch as the resolutions 
for annexation passed the Ck)ngress of the United States after the 
date of your despatch and perhaps unexpectedly too, I have thought 
my determination to remain a short time longer would meet the 
wishes and approbation of the Government. 

Your expression of the President's entire satisfaction with my 
efforts to accomplish annexation, and generally with the maimer in 
which I have executed the duties devolving on me as Acting Charg6 
d'Affaires of Texas, has caused me the highest gratification. 

Shortly after the receipt of your despatch I had a conversation 
with Mr Buchanan in regard to an exchange of public documents 
between the two Grovemments. He said as soon as the press of busi- 
ness consequent upon the commencement of a new administration 
was over he would take pleasure in furnishing us with the collection 
of "American State papers'' and other public documents, if there 
were any such under the control of his Department. 

On Friday last; I had an interview with him at the Department of 
State, and among other things mentioned the Snively and Red River 
cases,** and requested him when he should reply to my note to Mr 
Calhoim of the 10th. ultimo, communicating the evidence in the last 
named case, to inform me what disposition had been made of them 
by Congress, and especially whether or not any appropriation had 
been made for the payment of the indemnity claimed in those cases 
by the Texian Government To which he remarked that his time had 
been so much occupied in Cabinet Council and in receiving and decid- 
ing upon applications for office that he had been unable to take up 
any of the back business of his Department, but assured me that on his 
return from Pennsylvania, where he is going this week to remain 
only a few days, he would examine into the cases refered to and com- 
municate to me their condition. I understood from the Committee 
of "Ways and Means," to whom was refered the correspondence 
and evidence in those cases, that no report whatever was made 
thereon, assigning as a reason the lateness of the period at which 
they received the evidence. 

I have succeeded in collecting togetiier a mass of valuable public 
documents, comprising reports of Congressional Committees, Heads 

• The ' ' Red River '* caaa waa that of the attacfc on Coltooto r Bouriand. See note c, p. 297. 



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COEBESPONDENCE WITH THE UNITED STATES. " 369 

of Departments, etc, and have this day forwarded the box containmg 
them to your Department, via. Baltimore, care of H. H. Williams 
Esq. our Ck)nsul, with directions to have them shipped by the first 
safe opportunity to Galveston. 

Mr Brower, Texian Consul, N. Y., to whom I granted leave of 
absence for a few months, has returned from Europe and re-ass\mied 
the duties of his oflBlce. 

I hope it may be in my power to reach Texas by the 1st. of Muy, 
next. 

With sentiments of highest consideration, I have the honor to be 
Most respectfully 

Your obedient Servant 

Chas. H. Raymond 



DONELSON TO BuCHANAN.** 



DONELSON TO BUOHANAN. * 



DONELSON TO AlLEN.*^ 

Legation op the United States, 

Wdshington, TexaSj April 7, 1846- 

The imdersigned, Charg6 d'Aflfaires of the United States, has the 
honor to acknowledge the receipt of the communication from the 
Hon. Ashbel Smith, Secretary of State of Texas, dated the 10th of 
February last, but not delivered to the undersigned until his recent 
arrival here. 

This communication is an answer to the note of the undersigned, 
dated the 2d. of December last, in relation to the attempt of the 
Collector of the Customs on the west bank of the Sabine, to exact 
duties from the schooners Louisiana and William Bryan, vessels 
belonging to the United States, and navigating the waters of the 
Sabine river and feay, under the circumstances stated in that note; 
and suggesting the expectation that this Government, not apprized 
of the construction of powers under which that collector had acted, 
would issue such instructions as would hereafter prevent such infrac- 
tion of the rights of vessels of the United States. But it appears 
that the conduct of this ofiicer is justified. 

To the general observation made by the Hon. Mr. Smith, in open- 
ing of his remarks on this subject, claiming for Texas the right to 

a April 1, 1845. See Calendar of Correspondence with the United States in Part I. 
b April 3, 1845. See Calendar of Correspondence with the United States in Fart I. 
eA.L. S. 

39728°— VOL 2, pt 1—11 24 



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370 AMERICAN HISTORICAL ASSOCIATION. 

establish such regulations as she may think proper, respecting her 
conunerce and navigation, within her own waters and jurisdiction, 
the imdersigned cheerfully assents. This is a right conceded to all 
independent nations, and is the necessary consequence of sovereignty. 
But it was not in derogation of this right, that exception waa taken 
to the codiduct of the Collector on the Sabine. It was, that that 
collector, within the jurisdiction of the United States, claimed the 
right to extort duties from vessels not bound to a port of Texas, but 
sailing within the waters of the United States, and charged with no 
maritime tort, either to Texas or any other nation. 

If said vessels had sailed to Galveston, or any of the bays, inlets, 
or rivers of Texas, this complaint would not have been made, and the 
obedience due to the revenue laws of Texas, would have been readily 
admitted. As far as the jurisdiction of Texas extends, it is undoubt- 
edly exclusive and absolute, and no restriction can be placed upon 
it without her consent; because such restriction, if imposed by 
another power, would be, to that extent, an acknowledgment that 
such power was her superior. Such is the law of nations, as under- 
stood and enforced by all enUghtened governments. 

What is the effect of these principles, appUed to the claim in ques- 
tion, when it is conceded that the jurisdiction of the United States 
extends to water mark on the West bank of the Sabine, and from 
thence to the sea? The undersigned cannot suppose that argument 
can make more plain the conclusion which the mere statement of the 
principles so obviously presents. 

But the Hon. Mr. Smith is of opinion, that the treaty which secures 
to the inhabitants of Texas the use of the waters of the Sabine would 
be a nullity, if the right to collect the tonnage duties in question 
did not result. Such could not have been the understanding of the 
two high contracting parties to the treaty; tor the same clause which 
gives to the respective inhabitants of the two nations, the common 
use of the waters of this boundary for the purposes of navigation, 
expressly cedes the exclusive jurisdiction of the same to the United 
States; nor is it likely that such is the imderstanding of the inhab- 
itants who enjoy this right, and who, but for this stipulation, might 
have been at any time deprived of it by the United States. 

Not is this construction of the treaty altered, in the judgment of 
the imdersigned, by the declaration of Mr. Jefferson that " the right 
to use a thing comprehends the right to the means necessary to its 
use, and without which it would be useless". This language has 
reference to the condition in which the inhabitants of the valley of 
the Mississippi would have been placed by a denial to them of the 
right to navigate this river to and from its mouth — a right enjoyed 
by them both before and after the revolution which established the 
independence of the United States, and which was never abandoned. 



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COBBB6PONDENCE WITH THE UNITED STATES. 371 

though its relinquiahment wa3 ctften iiisisted upon by the powers 
poaaeesing juxisdiotioik of tJie river south of the point where it left 
the boimdary (tf the United Statea> until the purchase of Louisiana. 
But 13 thare an analogy between this right and that now dauned by 
the Hon. Mr. Smith, for the enforcement of revenue regulations on 
th'e waters of the Sabine? Texas, standing in the place of Spain, 
does not deny the competency of Spain to part with her jurisdiction 
over the Sabine. Mr. Jefferson, in maintaining for the United States, 
a claim to the free navigation of the Mississippi, never asserted that 
the United States eouH not relinquish it. Texas possesses this right 
oi navigation by cctntract as the representative of Spain, and is 
bound in the e:2(ercise of it, not to interfere with the jurisdiction of 
the United States. Mr. Jefferson never claimed the right to make 
the vesaeJb of France or Spain pay tonnage duties at the mouth of 
the Miasiasippi, until the United States possessed jurisdiction there. 
Texas daims this right at the mouth of the Sabine, admitting at the 
same time that ahe has no jurisdiction there, and when it is obvious 
that the jurisdiction neoesaaiy to give the power to enforce this right 
was withheld, in order to avoid just such difficulties as those whidi 
now exist and which are inaeparaUe from the concurrent authority 
of two separate nations over the same subject. 

According to the treaty referred to, under which the respective 
rights of Texas and the United States on the subject of limits, are 
defined, and by which courts, having jurisdiction of all maritime 
torts, happening on the waters of the Sabine, must be governed, Texas 
has no commercial port on that river, in the sense in which the Hon. 
Mr. Smith treats it, as a place where commercial regulations can be 
enforced by her on the waters thereof. To the existence of such a 
port there must not only be ownership of soil but jurisdiction of water. 
And it would be as unsound to derive this right of jurisdiction from 
the inconvenience attending the want of it, as it would be for an 
individual possessing only a limited estate in lands or other property 
to claim the fee simple or superior title, because with this title he 
could the better control the use. Spain voluntarily gave up this supe- 
rior title, and was content to stipulate for the limited one for the the use 
of her inhabitants. For vaUd and satisfactory considerations, she sol- 
emnly agreed that the *' terra firma" of Texas, on the Sabine, should 
be the limit of her jurisdiction, which should include neither the 
islands nor the waters of that river. Yet, in opposition to such treaty 
stipulations, it is contended that the moment Texas chooses to build 
a house at Sabine in Texas, and to call that house a port, this juris- 
diction becomes subservient to that of the land. The language of the 
Hon. Mr. Smith is, that ''he does not suppose the Hon. Mr. Donelson, 
on the plea of jurisdiction, would claim for his Government the right 
to establish a custom-house at the Sabine, to regulate the commerce 



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372 AMERICAN HISTORICAL ASSOCIATION. 

of the port — thus makmg the soil of Texas appurtenant to the water, 
which washes its shores. The authority to regulate the commerce of 
the port in question must exist somewhere. The undersigned believes 
it is vested in the nation owning the terra firma. Custom houses are 
established on land and not on vxiter, although their operation extends 
over the water." 

The diflBculty in the mind of the Hon. Mr. Smithi will disappear, 
the moment he perceives the misapplication he has made of terms. 
It is not by calling Sabine in Texas a port, that it becomes one in the 
full commercial sense. There must be jurisdiction of water as well 
as of land; otherwise, the custom house located there will be as 
unavailable as the medium of enforcing revenue duties from vessels 
of the United States, using the water under the terms of the treaty, 
as if it were one hundred miles oflF, in the back country. Within her 
jurisdiction, above water mark and on the land, Texas is competent as 
stated before, to establish such rules and regulations as she may 
choose to prescribe — she may say that there shall be no import 
or export, to or from her territory, without the payment of duties at 
that house, or any other house on the terra firma, next to the Sabine, 
and she may arm the collector with authority to enforce her regula- 
tions; but these regulations become inoperative the moment they 
assume an authority over the waters of the Sabine, or interfere with 
a jurisdiction which is independent of hers, and is absolute and exclu- 
sive over those waters. It cannot then be a question, that the author- 
ity to regulate commerce on the waters of the Sabine does not belong 
to Texas; nor can it be doubted that all regulation not incompatible 
with the right of the inhabitants of both countries to the common 
use of those waters, for the purposes of navigation, necessarily belongs 
to the United States, since it can belong to no other nation without 
an infringement of the sovereignty acquired by the treaty of 1819, 
with Spain. 

But for the sake of testing the soundness of the argument advanced 
by the Hon. Mr. Smith, let it be supposed that the United States, 
instead of acquiring exclusive jurisdiction over the Sabine to its 
mouth in the sea, possessed only an equal one with Texas. Would 
the vessels of the United States even then be Uable to the exaction 
as claimed in the present case? The undersigned thinks not. The 
terra firma of the east bank would have as many rights as the terra 
firma of the west bank; and the law of nations respecting the rights 
of both as equal, would limit the respective jurisdiction of the two 
countries to the middle of the stream, estimated from the low water 
mark of the respective banks. So that, if the schooners Louisiana 
and William Bryan had been anchored on the east side of this line, 
and had there received from Texan boats their cargoes, it is not 



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CX)EEESPONDENCE WITH THE UNITED STATES. 373 

perceived that the right to levy the duties in question could be 
enforced against the consent of the United States. 

The undersigned is willing to admit, but without instructions from 
his Gk)vemment on the subject, that a commercial convention 
between the two coimtries might be framed, with great advantage 
to both, which would obviate such grievances as the present. It is 
but right that Texas should have some convenient mode of prevent- 
ing the introduction into her territory, on the bank of the Sabine, of 
foreign productions, without the payment of the duties which are 
collectable at her ports of entry on the Gulf of Mexico, or elsewhere 
within her jurisdiction. It is equally important to the United States, • 
that every avenue should be closed, as far as possible, against the 
receipt into their ports of the productions of Texas, which are now 
doubtless often shipped to New Orleans, and other points in the 
Union, without any mode of identifying them by the revenue officers 
as the growth or production of Texas. The revenue of each country 
thus suffers; but the existence of such an evil does not confer upon 
Texas the right claimed for her by the Hon. Mr. Smith, to correct it 
upon her own terms, without the consent of the United States and in 
defiance of their jurisdiction over the waters of the Sabine. 

The undersigned indulges the hope that the views he has here 
expressed, will be satisfactory to the Hon. Mr. Smith and to this 
Gk)vemment: So far at least as td make manifest the propriety of 
issuing such instructions to the collector at Sabine, as will prevent 
the recurrence of similar grievances to the one complained of. Pend- 
ing the consideration of the proposals, now before this Gk)vemment 
for cementing the relations of the two RepubUcs, by the bonds of a 
common union, it is particularly desirable that no differences of this 
nature should occur to disturb the feelings or prejudice the interests 
of the citizens of either country. And if the undersigned has created 
even a doubt in the mind of this Government, relative to the justice 
of the claim maintained for the collector, in regard to those tonnage 
duties, he tru[s]ts that for the present at least, its enforcement will 
not be attempted. 

He has the honor to express to the Hon. M. Allen assurances of the 
high respect and regard, with which he is his most 
obt. hbl. servt., 

A J DONELSON 

Hon. Ebenezeb Allen, 

Atty. Gen. of the Refvhlic of Texas, and Sedy of State 
ad interim etc., etc, etc. 



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374 AMEBIOAN HI6T0RICAL A880CUTtON. 

DOKSLSON TO BuCHANAZr«« 



Allen to Donblson.^ 



DOITELSOH to ALLUN.* 



DONELSON TO BUOfiAlfAK.^ 



DONEL6ON TO BUCHAKAN.^ 



DoNELSON TO Allen * 



DONELSON TO CaLBOUN.^ 



Shaw to Dashiell.* 



BtrcHANAN to Donelson/ 



Donelson to Jonbs.^ 



Raykond to Buchanan.* 



Raybiond to Buchanan.* 



Raymond to Allen.^ 

No 146. Legation Of Texas 

W&sUnjfhn D. C. AprUSOlh. I84B 
Sir, 

On my return from a short visit to my friends in Pen&fiylTania and 
Ohio I had the pleasure of meeting at Wheeling, on the morning of the 

a April 12, 1845. See Calendar of Correspondenoe with the United States In Part I. 

6 April 14, 1845. See Calendar of Correspondence with the Untted Btates in ^sit I. 

e A. L. S., April 16, 1845. See Calendar of Correspondenoe with the Uidted States tai Part L 

d April 24, 1844. See Calendar of Correspondenoe with the United States In Part I. 

• April 26, 1845. See Calendar of Correspondenoe with the United States in Part I. 

/April 25, 1845. See Calendar of Correspondence with the United States in Part I. 

9 April 29, 1845. See Calendar of Correspondence with the United States In Part I. 

h April 30, 1845. See Calendar of Correspfmdenoe with the United States in Part L 

< April 30, 1845. See Raymood to Allen, April 30, 1845. 

/A. L. S. 



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COBRESPONDENCE WITH THE UNITED STATES. 375 

26th, instant, the Hon Ashbel Smith en route to Europe. We trav- 
elled together to within ten miles of Baltimore. He designed sailing 
from Boston in the Packet of the 1st. proximo. From my conversa- 
tion with him I am led to expect that the next mail from Texas will 
bring something definite in regard to the progress of annexation, 
though the GoveHmient seems to be pursuing, as it should do upon 
a subject of such deep and vital interest to the welfare of our infant 
Republic, a cautious, prudent and considerate course. Some there 
are in this and our own coimtry who are disposed to censure the Presi- 
dent because he will not rush heedlessly, recklessly and without 
deUberation right into the arms of the United States, but such men 
do not stop to reflect upon the fearful responsibility which rests on 
the Chief Magistrate of a nation when called to act upon a question in- 
volving such mighty consequences and so pregnant with weal or woe 
to the destinies of his coimtry. Whatever is done should be well done. 

In a conversation with Mr Buchanan, Secretary of State of the 
United States, on yesterday, concerning annexation, I expressed the 
opinion the whole question would probably be refered to the decission 
of the people of Texas and that their verdict would doubtless influence 
the coxurse and policy of our Gtovemment in its final determination. 
He replied that such a course could not be objected to, but at the 
same time expressed great anxiety for speedy action. 

A collission between this country and Mexico appears almost inevi- 
table. Her efforts will probably be directed, mainly, against the 
conmierce of the United States. This Grovemment is preparing 
for the emergency and when the crisis arrives they will be ready to 
meet it. It is imderstood, here, that Mexico has proffered us the rec- 
ognition of oiu* independence on condition that we never become a 
part of the American Union. If this be so, her extreme sensitiveness 
on the subject of annexation must proceed from hostility to the 
United States, and she is placed in a rather imenviable, suspicious 
and double faced attitude. 

I have not a particle of doubt that a large majority of the next Con- 
gress of the United States will be favorable to annexation, and I am 
strongly of opinion a treaty for that object would be ratified by the 
Senate. 

I have the honor to acknowledge the receipt of a despatch from 
your department dated the 21st. ultimo, in reference to the two 
children of Mrs Simpson stolen by the Comanches; and in obedience 
to instructions have communicated the facts in their case to this 
Government, altho' it had been inf o[r]ma}ly advised 0f the same Bever al 
weeks before. Enclosed herewith I transmit you a copy of my com- 
munication of this date on ibe subject, to the Secretary of State. 

The box of printed official documents for your Depcirtfiient, men- 
tioned in my despatch No 145, Mr Williams, if he have not already 



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876 AMERICAN HISTORICAL ASSOCIATIOH. 

done BO, will forward from Baltimore to Galveston the first oppor- 
tunity. I hope to obtain some more before I take leave of this 
Government. 

I am with high respect 

Your Most Obedient Servant 

Chas. H. Raymond 
Hon. Ebenezeb Allen 

AU^y Oerd. and Secty of State ad interim 

Washington 

Texas. 

[Inclosed is a copy of Raymond to Buchanan, April 30, 1845. 
There were also probably inclosed in this despatch two other docu- 
ments which are filed separately. These are Almonte to Calhoun, 
March 6, 1845; Buchanan to Almonte, March 10, 1845.*»] 



Donelson to Jones.'* 



Allen to Jones. ^ 



Allen to Jones.** 



Donelson to Jones.* 



Donelson to Buchanan./ 



Clarendon to Terrell.^ 



Donelson to Buchanan.^ 



Raymond to Buchanan.* 



a For all three of these letters, see Calendar of Correspondence with the United States In Pert I. 
b May 2, 1845. See Calendar of Correspondence with the United States in Part I. 
c May 3, 1845. Bee Calendar of Correspondence with the United States in Part I. 
d May 4, 1845. See Calendar of Correspondence with the United States in Part I. 
« May 5, 1845. See Calendar of Correspondence with the United States in Part I. 
/ May 6, 1845. See Calendar of Correspondence with the United States in Part I. 
9 May 11 , 1845. See Calendar of Correspondence with the United States in Part I. 
*Mayl7,1845. See Raymond to Alien, May 10, 1845. 



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cobeespondencb with the united states. 877 

Buchanan to Raymond.** 



Allen to Donelson.* 



Raymond to Allen.« 

No 147. Legation of Texas 

Washington [City] May 19tJi. I84B 
Sib 

Enclosed herewith I have the honor to transmit to you a copy of 
my communication to Mr Buchanan Secretary of State of the United 
States, informing him of the acceptance of my resignation and my 
permission to return home;^ and of his reply to the same. 

I had a parting interview to day with the President and Secretary 
of State. They were considerably elated by the recent news from 
Texas, and expressed great gratification at the favorable prospect of 
annexation, and assured me that nothing should be wanting on the 
part of the Executive of this coimtry towards ensuring to Texas her 
just rights after she shall have become a member of this Confederacy 

On last friday evening I had the pleasure of a long conversation 
with the President in regard to annexation. He is of opinion, the 
wisest and safest course for Texas to pursue is to accede, at once, to 
the terms of the Joint Resolution, as proposed, and trust to the jus- 
tice, honor, and magnanimity of this nation to correct whatever 
injustice may have been done to Texas by the Act of Congress. Ho 
has no confidence in the Whig Senators, on this question, and conse- 
quently believes it would be endangered by a treaty. He remarked 
there would not, probably, be a war between this country and Mexico 
growing out of the annexation, nor did he apprehend any difficulty 
with Great Britain on this or the Oregon question, nevertheless the 
Government of the United States would maintain the ground it had 
taken on these questions towards those countries. He asked if I had 
any doubts about the acceptance by the Government and people of 
Texas of the proposition for annexation now before them. I told 
him frankly and unhesitatingly that I entertained none whatever — 
that they had all along been in favor of the measure, and that one of 
the first acts of President Jones was to inform me that the annexation 
of Texas to the American Union was a measure earnestly desired by 
the Government, and to instruct me to use my most strenuous exer- 
tions in every proper manner for its accomplishment. 

a Hay 19, 1845. See Raymond to AUen, Hay 10, 1845. 

^ May 19, 1845. See Calendar of Correspondence with the United States in Part I. 

CA.L.S. 

dlfayn, 1845. 



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378 AMERICAN HI8T0BICAL ASSOCIATIOK. 

The only matters now pending here are the Snively and Red River 
cases. I learn, upon inquiry, that Congress made no provission for 
the payment of our claims of indenmi[fi]cation in the cases alluded 
to — the reason assigned is that the evidence was not furnished in 
time for examination and action. I presume there will be no diffi- 
culty in obtaining the necessary appropriations the ensuing session 
of Congress. 

I shall leave here to morrow morning for Cincinnatti, Ohio, where 
I shall stop a few days and then proceed to Washington, Texas, where 
I expect to arrive about the meeting of Congress. 

The Archives of the Legation I have placed in the hands of John 
Underwood Esq of the Treasury Department, where they will remain 
safely and securely imtil my successor arrives. 
* My last dispatch from your ^Department bears date the 21st. of 
March, last. I have received the "National Register" of the Ist. 
instant. 

Judge Toler sailed from New Toik for Texas, about a week ago, on 
board the barque "Star Republic." 
I have the honor to be, with senthnents of h^est consideration 
Your Most Obdt. Servt. 

Chas. H. Raymond 
Hon. Ebenezsr Allen 
Secretary of State 
ad interim, 
Etc Etc Etc. 

[Inclosed are Raymond to Buchanan, May 17, 1845, taking leave, 
and Buchanan to Raymond, May 19, 1845, in acknowledgment.] 



De Ctfkst to JoNEg.^ 



DONELSON TO AlLEN.* 



DONttLSOK TO BuO&ANAlf.^ 



DoNELSON TO JoNES.<* 



DONBLSON TO BvOSUlSAK.* 



• May 20, 1846. 8«e Catendar of Correspondence witk the United States In Part L 
»A.L.8.,liay34,1845. flee OriaatUff tuf Cunespo nd e u ce wltfa the tTplted States hi Part 7. 
elfay2^1846. See Calendar of Correspondence with the United States In Part L 
'June 1,1845. See Calendar of Correspnideiioeivlth the UnftodSttttestn Part T. No copy has beeo 
found In the archives. 
« Jane 2, 1846. See Calendar of Correspondence with the United States In Part L 



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c0ebe8p0ndence with the united states. 379 

Buchanan to Donelson.^ 



DONELSON TO BUCHANAN.* 



Proclamation Enjoining Cessation op Hostilities Against 

Mexico.*' 



Allen to Jones.<* 



Jones to Db Cypeey.* 



DONELSON TO AlLEN/ 



DoNELSON TO BuCHANAN.^ 



DONELSON TO BuCHANAN * 



DoNELSON TO AlLEN.* 



Buchanan to Donelson.^ 



DoNELSON to Buchanan,* 



Raymond to Jones.' 



a Tone 3, 1845. SeeCalndarefGorrwpoadeiioewithtiMUflltedBtolesfaiPfirtL 
»JuM4,lS4ft. de»Caleiidar«f<;:OTrMfNNid«ioewi4h the United Stfttesl^ 

e Jane A, 1846. See Senate Journal^ 0th Tex. Cong^ Extra SeMieo, p, 37. Copy InelefOd wMh ANea (o 
KAUfmaa, Jn^ 10, IMS. 
' Jane5,1845. See Calendar ofCorrespondence with the United Statee in Partl. 
«Jyae«,184». Bee CaleodBrWCoiTeqmidMee with tbe United States in Part I. 
/L. 8., Jane 11, 1845. See Calendar of CorrevendMoewltii the United Statoete Fart I. 
9 Jane 11 , 1845. See Calendar of Correepondenoe with the United States in Part I. 
*JaBel3,18tf. See Calendar ofCorrespondenoe with Ike Unked States In Part I. 
<L. S., June 13, 1845. See Calendar of Correspondenoe with the United States in Part Z. 
iJanel5,1845. See Calendar of C9iTwps»#enoe wiai the United mates te Part I. 
* Jane 19, 1845. See Calendar^ Ce f fpeB d e n ee wKh the United ^ataiia Part L 
Ijane21,1845. SeeCatandflrof OMNgpoadonewiththeUaitadfltattilaPartL 



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380 AMERICAN HISTOBICAL ASSOCIATION. 

DONELSON TO StO0KTON.<» 



Allen to Donelson.* 



DONELSON TO BuCHANAN/ 



DONELSON TO AlLEN.** 



Allen to Donelson.* 



DoNELSON to Allen/ 



DONELSON TO AlLEN.^ 

[Wishes to leave the books and property of the legation in charge of 
the department of state of TexaS; subject to the orders of the United 
States, and requests that a clerk be sent to make out an inventory 
and give a receipt] * 

Allen to Donelson.' 



Allen to Donelson.^ 



DoNELSON to Taylor.^ 



DoNELSON to Allen.* 



a Jane 22, 1845. See Calendar of Correspondence with the United States in Part I. 

b June 23, 1846 (as to annexation). See Calendar of Correspondence with the United States in Part I. 

e June 23, 1845. See Calendar of Correspondence with the United States in Part I. 

d L. S., June 23, 1845 (acknowledging receipt of letter oonoemlng aniMxatloii). See Calendar of Corre- 
spondence with the United States in Part I. 

« June 23, 1845 (as to resolution tendering the gratitude of Texas to Jackson). See Calendar of Corre- 
spondenoe with the United States in Part I. 

/ A. L. S., June 23, 1845 (acknowledging receipt of letter transmitting resolution of gratitude to JacksoD). 
See Calendar of Correspondence with the United States in Part I. 

^A.L.S., June 24, 1845. 

* With the oorrespondenoe is filed a copy of the receipt dated June 30, 1846, signed by Chas. Mariner, 
Acting Chief Clerk. 

<Jane26,1845. See Calendar of Correspondence with the United States in Part I. 

y June 28, 1845. See Calendar of Correspondenoe with the United States in Part I. 

*L.S., June 30, 1845. See Catandar of Cone^Mmdeooe with the United States in Part L 



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cx)bbespondenge with the united states. 381 

Allen to Jones.^ 



DONELSON TO BuCHANAN.* 



DONELSON TO BuCHANAN.^ 



Rusk to Donelson.'* 



DONELSON TO RuSK.* 



DONELSON TO BUCHANAN.*' 



Rusk to Donelson.** 



Raymond to Jones.* 

[Trazismits a copy of a resolution relative to the occupation of 
Texas by United States troops adopted by the Texan convention 
that day]/ 

Donelson to Buchanan.^ 



DONELSON TO TaYLOR.^ 



Allen to Kaufman. 

Department of State 
Washington [Texas] 10 July 1846 
Sir— 

This Department is charged by the Executive to communicate 
through you to His Excellency the President of the United States 

a Joly 2, 1845. See Calendar of Correspondence with the United States in Part I. 
^ July 5, 1845. See Calendar of Correspondence with the United States in Part I. 
e July 6, 1845. See Calendar of Correspondence with the United States in Part I. 
d July 7, 1846. See Calendar of Correspondence with the United States in Part I. 
• A. L.S., July7,1845. 

/ For the resolution see Calendar of Correspondence with the United States in Part I under title of 
Rusk to Donelson, July 7, 1845. 
9 July 7, 1845. See Calendar of Correspondence with the United States in Part I. 



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382 AMEBICAN HISTOBICAIi AS60CIATI0N. 

the enclosed Documents, consisting of a copy of the Joint Resolution 
adopted by the Texian Congress, and approved on the 21st ultimo, 
''tendering to Gen Andrew Jackson the tribute of a nations Grati- 
tude--''; and a copy of the Ordinance adopted by the Convention of 
Delegates on the 4th instant; manifesting their consent to the terms 
conditions and guaranties, contained in the two first sections of the 
Joint Resolution adopted by the Congress of the United States, and 
presented to this Government on the 31st of March last, by their 
Chargg d' affaires — the Hon Mr Donelson, as the basis for consuma- 
ting the Annexation of Texas to the Federal Union.^ 

In performing this duty now assigned you, you wiU avail yourself 
of the occasion to present to His Excellency renewed assurances of 
the distinguished consideration and regard of the President of this 
Republic. 

I have the honor to remain with sentiments of high respect, 
Your very obedient and Faithful Servant 

E. Allen 
Secretary of State. 
Hon David S. Kaufman 

Chargi d^ Affaires of Texas 

etc etc etc 



Allen to Kaufman, 

Depaktment op State 
Washington [Texas] 10 July 1846 
Sm— 

This Department is in receipt of your note under date of the 28th. 
ultimo signifying your acceptance of the appointment tendered by the 
Executive of Chargfi d' Affaires of this Republic to the United States. 
Having already been furnished with Letters of Credence and your 
Conmiission, it remains for this Department to impart such instruc- 
tions as may be deemed proper for guidance in the discharge of your 
diplomatic functions. 

You are accordingly directed to repair with as little delay as pos- 
sible to your post at the City of Washington on the Potomac — there 
to take possession of the archives, seals, papers and books belonging 
to the Texian Legation, and to establish your residence near the 
Government to which you are accredited. 

On your arrival, you will call upon the Secretary of Foreign Affaires, 
present to him in person the Letters of Credence with which you are 
furnished; and request to be informed of the time and place at which, 
you may be admitted to an interview with His Excellency the Presi- 
dent of the United States; — at which interview you will tender to him 

a See NiUt' RegitUr, LX vm, 344; Oammel, Law9 of Ttnt, U, 1228-1230. 



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COBRESPONDENCB WITH THE UNITED STATES. 883 

• 

the salutations of His Excellency the President of Texas, with the 
assurance of his fneoidly dispositions and cheerful cooperation in 
carrying out and perfecting^ the policy and measure of AnnMsoa&m 
according to the terms of the adopted and pending basis. 

In the existing attitude of relations between Texas and the United 
States, the strong necessity for the utmost good understanding, 
unity of purpose and mutual confidence between the Executive Gov- 
ernments of the two countries, will naturly suggest itself to your mind. 
However confident each of the interested Powers may be in the antici- 
pation of a speedy and propitious union of the two countries; and 
notwithstanding the consent of the existing Government of Texas 
in its Executive and Legislative branches^ and the consent of the 
Delegates in convention, have been given to the proposition; still it 
should not be disguised, that the consummation of the measure is not 
yet secure from the dangers of defeat, even in this country. 

There are many secret but influencial (^posers of the measure, who 
have been borne along by the current of popular excitement, ostensi- 
bly extending to it their support, but who are awaiting only an oppor- 
tunity to resist and defeat it. 

Matters of local interest and subjects of irreconcilable discord, 
incentives to partisanship, intrigue and disorganization are attempted 
to be pressed upon the Convention, tending to revolution instead of 
annexation^ and threttening to incorporate in the projected constitu- 
tion, matters incompatible with the principles of the Constitution of 
the United States. 

These considerations evince the importance of perfect concert and 
harmony of action, and of coincidence and cooperation of purpose, 
no less than prudent circumspection, on the part of those respectively 
charged with the administration of the two Governments. 

The Policy pursued therefore, by the Executive of Texas pending 
negotiations touching annexation, towards the Governments of Eng- 
land, France and Mexico, should be understood and appreciated by 
the American Cabinet. 

The many misrepresentations that have been industriously circu- 
lated both by the press and by designing individuals in both coun- 
trieSy are calculated to lead to error; but the President would not do 
that Cabinet the injustice to entertain the supposition that any of its 
members can have consented to receive impressions from such sources. 

When the overture for annexation was communicated on the part 
of the United States by their Charg6 d' Affaires, the Hon Mr Donel- 
son, to this Government on the 31st of March last, the latter had 
long been on terms of friendly national intercourse with the sov- 
reignties of England and France, whose diplomatic agents were 
then residing near this Government. That overture in view of the 
President, created no cause or excuse on the part of Texas, for an 



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884 AMERICAN HISTORICAL ASSOCIATION. 

abrupt termination of that intercourse. To its continuance, the 
presence of a diplomatic agent of this Republic at the Courts of 
London and Paris, was necessary; and Mr Smith, who had then but 
recently returned from Europe, was sent back to resume the function 
of Charg6 d' Affaires of Texas, some time suspended by absence from 
his post, and by the Senate's rejection of the appointment of Mr 
Terrell. The intercourse of Mr Smith with those Courts, imder the 
instructions of the Executive, has doubtless had an effect to reconcile 
their Sovreigns to the policy of annexation. But, aside from this 
consideration, the usages of national courtesy and comity required 
such a measure on the part of the Executive of Texas; especially at 
a juncture, when a change in the policy of the country, not favored by 
the European Powers, was about to take place; in order that the 
proper explanations concerning the course of the authorities and 
people of Texas might be seasonably made to those Powers. 

Mr Smith having satisfactorily performed the duties of his mission, 
was recalled early in June ultimo. 

The good offices of England and France to obtain a recognition 
of the independence of this Republic from Mexico, had been solicited 
and obtained by the Executive of Texas, long before the adoption 
by the American Congress, of the Joint Resolution, proffering the 
alternative and defining the basis of annexation to the Federal Union. 
Among the high obligations to the community imposed upon the 
Executive by the very tenure of his official charge, that of securing 
OrcJcnowledged independence to the nation, with its incidents of quiet 
and freedom from the distresses of frontier and marauding warfare; 
protecting the industry and nascent resources of the country from 
the paralising influence of threttened hostilities; and securing to the 
Republic additional dignity and elevation in the scale of nationality, 
was paramount; and one, for the violation of which, no dispensation 
could prevail. Surely the impression cannot obtain, that the arrival 
from the United States of the proposition for annexation, however 
welcome to the authorities and people of Texas, could operate to 
discharge her Executive from the performance of a duty so impera- 
tive, as that of using his best efforts to secure an acknowledgment of 
her independence from Mexico. Negotiations to gain that acknowl- 
edgment and to procure the consent of the United States to the 
measure of annexation, had long been simultaneously carried on. 
Never was it supposed that those negotiations aimed at the attain- 
ment of objects, incompatible with each other: and the Executive 
conceives that his course would have been most censurable, cir- 
cumstanced as the country then was, if he had failed to use every 
honorable means for the accomplishment of each and both those 
objects. 

The acceptance of a proposition for annexation necessarily referred 
itself to the decision of the nation, not to that of the Executive; and 



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OOBBBSPONDEKCE WITH THE UNITED STATES. 886 

the Chief Magistrate, having it in his power to present to the nation 
such a proposition from the United States, along with a recognition 
of its independence from Mexico, was no more at Hberty to withhold 
the one than the o(her. The people were entitled to choose between 
the two alternatives. 

Impressed by such considerations the Executive in March last, 
placed at the disposal of the representatives of France and Great 
Britain, upon their renewal of the offer of the good offices of those 
Powers with Mexico, for a peaceful settlement of the difficulties 
between the two republics, upon the basis of her acknowledgment 
of the independence of Texas, with the imderstanding that the latter 
would maintain her separate existance; — a statement of conditions 
preliminary to a treaty of peace. 

These conditions were subsequently acceded to by Mexico, and 
remitted to this Government through the diplomatic functionaries 
of France and England. 

Upon their reception, the President issued his proclamation to the 
People of Texas dated the 4th of Jime last; wherein are stated the 
''circumstances which preceeded and led to that understanding with 
Mexico, " and the principles which influenced him in the transaction.^ 

From that Proclamation (a copy whereof is enclosed for reference) 
it will be seen that the Executive, on placing in the hands of the 
British and French Ministers, the preliminaries referred to, declared 
his readiness '' to submit them to the people of this coimtry for their 
decision and action, as soon as they were adopted by the Government 
of Mexico; '' — that those functionaries and their respective Govern- 
ments were emphatically reminded," that he was no more than the 
agent of the people; — that he could neither direct, control, nor influ- 
ence their decision; and that his boimden duty was to carry out their 
determination constitutionally ascertained and expressed, be it what 
it might; " — that our Representative at the Courts of France and 
Great Britain was specially instructed to press upon the attention 
of those Governments, that, if the people of Texas should determine 
to put an end to the separate existence of the country, the Executive, 
so far as depended upon his official action, must and would give 
immediate and full effect to their will." 

The inconsistency, illiberaUty and injustice of charging that any 
measure of poUcy hitherto adopted or pursued by the Executive 
originated in a spirit of hostiUty to the cause of annexation, it is 
believed are now manifest. The good offices of England and France 
had been invoked and conceded; — the imwillingness of those Powers 
to see Texas meige her nationality was imderstood; the President 
in accepting their invited intervention; in reminding them that its 
results were to be submitted to the decision of the nation; in impress- 



• Sae WUe BtgUtet, LXVm, 368. 
89728*— TOL 2, FT 1— U ^26 



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886 AMEBICAN HISTOBICAL A8800IATIOV. 

ing at the Courts of Great Britain and France, that, to choose between 
a distinct national existance, and incorporation with the Umon, 
was alone the prerogative of the Texian people; in receiTing and pre- 
senting for their choice those aUemativeaf as proffered by the United 
States on the one hand, and by Mexico on the other: — has but 
acted in that spirit of impartiality and justice, which the relations 
of Texas with each of those several powers impelled him to assume; 
animated at the same time by an earnest desire faithfully to dis- 
chaige his official obligations towards the people of this Republic. 

In the exercise of their right, the people have so manifested their 
decided preference for annexcUion over the correlative proposition; — 
a preference deriving higher merit from the acknowledged vahie of 
the rejected aJiemative; — that the Executive conceives he would 
prove recreant to his trust, should he not exclusively devote his 
energies to a prompt and faithful consimunation of the measure of 
annexation, according to the terms of the pending overture. 

You will fully communicate the proceeding views and sentiments 
entertained by the Executive, to the President of the United States; 
and assure His Excellency of his readiness and zeal to cooperate in 
any measure calculated to hasten and secure the Union of the two 
Republics. 

You will keep this D^artment didy informed of your proceedings, 
and of all matters important in your judgment to be communicated 
for the information of the Government. 

With these instructions, accept the assurance of distinguished o<m- 
sideration and regard with which I have the honor to be 
Your Very Obedient and Faithful Servant 

Ebsnb Allsk 
Secretary ofStaJU. 

H<m. David S. Kaufman 

Ohargi d/ Affaires of Texas 
etceteetc 

DoKSLSON TO Buchanan.^ 



Jones to Polk.* 

Executive Depabtmbnt 
Washington, on the Brazos. July llMh. I84S. 
To His Excellency James K. Polk, 

Etc. Etc. Etc. 
Snt. 

I avail myself with much pleasure of the opportunity aflPorded 
me by the return of General Besan^n to address your Exeettency 

• July 11, 1846. 8«e Calendar of ComspondeDoe with the United 8tete0 tn Part L 
» Ste Bwonls of Departnunt of State (TezM), Book 47, p. 40. 



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(30BBBSPONDXNCB WITH THB UNIIIBD 8TATES. 887 

this letter, and to communicate to you the gratifying intelligence, 
that the Deputies of the People of Texas assembled in Convention at 
the City of Austin on the 4th. Instant, and adopted on that day an 
ordinance expressing the acceptance and assent of the people to the 
proposals made by the government of the United States on the sub- 
ject of the Annexation of Texas to the American Union. 

This assent given with promptness and with much unanimity 
affords the assurance that this great measure, to the success of which, 
your Excellency is so sincerely attached, will be consummated with- 
out further difficulty and as I ardently hope in peace. 

I shall have the further satisfaction to transmit to you very soon 
by request of the Convention, a copy of the ordinance I have now 
reference to, which will be placed in your hands by Mr. D. S. Kauf- 
man, whom I have caused to be accredited as Charg6 d' Affaires of 
Texas near your Government, and I beg you to accept in the mean- 
time, assurances of the high regard with which I am 
Your Excellency's 

Most Obedient 

and very humble servant 

Anson Jonbs 



DONELSON TO AlLEN,<* 



DONBLSON TO BuCHANAN.* 



DONELSON TO TaTLOB.« 



DONELSON TO BuCHANAN.* 



Jones to Mouton.<* 

[Asks for the restoration of certain slaves to Mrs. Mary E. H. 
Shotwell, who were unlawfully taken from her by N. J. Moore and 
Samuel Stevens and carried to New Orleans, where they are now 
held.] 

a A. L. 8., July 16, 1845. See Calendar of Correspondenoe with the United States In Part I. 

b July 22, 1846. See Calendar of Correspondence with the United States tn Part I. 

c July 24, 1845. See Calendar of Correspondence with the United States in Part I. 

' L. S., July 25, 1845. In the files of the correspondence is a letter fkom Mrs. Shotwell to Jones, July 14, 
1846, transmitting a copy ot a memorial from her of July 16, 1916— the memorial was attested after the 
letter was signed— , asUng for the recovery ef ttie 8to¥ei. Ifooton was go<vcmor of LoolalMia. See Alien 
to MiB. Shotwell, Joly 28, 1846. 



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888 american hi8t0bical association. 

Allen to Mes. Shotwell.^ 

[Transmits Allen to Mouton, July 25, 1845, to have the blanks filled 
and to be forwarded by mail.] 



Allen to Donelson.* 



Buchanan to Donblson.* 



Buchanan to Allen/ 



Cbawfobd to Donelson.** 



Allen to Lee. '' 

Department of State 
Washington [ Texas] 2 August ISJfi^ 
Sir 

Advices have reached this department that the Hon David S. 
Kauphman -^is sick at Nacogdoches, and that some weekg may elapse 
before he will be able to repair to his post as Chargfi d'Affaires of 
this Republic at the City of Washington. It is hoped that his con- 
finement will be of short duration, and that he will soon be able to 
assume the discharge of his official functions. 

But it is deemed necessary in the mean time that this Government 
should be represented by a proper diplomatic agent near the Grov- 
emment of the United States. 

By virtue of your appointment as Secretary of Legation, you are 
authorised to discharge the duties of Acting Qiarg6 d' Affaires in the 
event of the absence of the principal officer from his post; and it is 
deemed advisable by the President that you enter upon the discharge 
of those duties, upon your reaching Washington unless the arrival 
of Mr Kauphman may be relied on in course of one or two weeks 
in which event you are to be governed by your own discretion under 
the circumstances of the case. 

Together with a proper conmiission. Letters of Credence, and an 
office copy of the same, addressed to the Secretary of Foreign Affaires 
of the United States will be herewith furnished you. 

You will proceed therefore with all convenient despatch to the 
City of Washington on the Potomac, where you will take possession 
of the archives, seals and books belonging to the Texian Legation 

a July 28, 1845. 

h July 28, 1845. See Calendar of ComspoDdeiioe with the United SUtes in Part I. 

c L. S., July 28, 1845. See Donelsoo to Allen, August 14, 1845 (transmitting certain letten). 

' July 29, 1845. See Oonebon to AUen, August 14, 1845. 

• ReoetTedAi«iiBt8L See Lee to AUen, BeptemlMr 8, ISIft. 

/] 



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OOKRBSPONDENOB WITH THE UNITED STATES. 889 

there; and on your arrival, call upon the Secretary of State of the 
United States, and deliver to him in person your original Letters of 
Credence, retaining the office copy. 

You will request of him to be presented at the proper time and 
place, to His Excellency the President of the United States, and 
tender to him at the audience, the salutations of His Excellency the 
President of Texas, with the assurance of his friendly dispositions 
and cheerful cooperation in carrying out and perfecting the policy 
and measure of annexation, according to the terms of the adopted 
and pending basis. 

For your further guidance, you will open the Letter of Instructions 
addressed to the Hon. David S. Kaufman Chargfi d' Affaires of Texas, 
and be governed by the directions therein contained. 

You will keep this department duly informed of your proceedings 
and of all matters which you may deem important to be communi- 
cated to this Government; and on the arrival of Mr Kauphman to 
take charge of the Legation, acquaint him with whatever may have 
transpired therein, during the interval of his detention or absence 
therefrom. 

With those instructions, I have only to add the assurance of 
distinguished consideration with which 
I am 

Your Obedient Servant 

Ebnb. Allen. 
Secretary of State, 
Hon. WiLUAM D. Lee 

Acting ChargS d* Affaires of Texas 

etc etc etc 



DONELSON TO AlLEN.* 



Mason to Rhodes.* 



DONELSON TO AlLEN.*' 



DONELSON TO AlLEN.<* 

[Inclosed are Buchanan to AUen, July 28, 1845, announcing that 
Donelson has leave to return to the United States, and Crawford to 
Donelson July 29, 1845 which follows.] 

a A. L. 8., August 6, 1845. See Calendar of CorrespoDdence with the United States In Part I. 

h August 7, 1846. See Rhodes to Allen, August 21, 1845 (announcing the authority of Rhodes to communi- 
cate with the Texan government). 

e L. S., August 14, 1845 (concerning annexation). See Calendar of Correspondence with the United 
SUtes In Part I. 

tf L. 8., August 14, 1845 (transmitting certain letters). See Calendar of Correspondence with the United 
States in Part I. 



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890 AMERICAN HISTOBIOAL A8800IATIOF. 

CeAWFOBD to DONSI.8ON. 

Wab Depabtmbnt 
Office Indian Affairs 

July 29,1846. 
Sm, 

I have the honor to acknowledge the receipt of your letter of the 
7th. inst. addressed to the Secretary of War and referred by him to 
this OflSce, covering the communication of Dr, J. W. Robertson 
relative to the negro boys, belonging to him, now in the Creek nation. 
An order has this day been forwarded to Col James Logan, the 
Creek Agent to deUver up these negroes to their rightful owner, and 
you will please inform Dr Robertson that they will be at his disp>03al 
or that of his Agent, whenever the order shall have reached the Creek 
Agent, and been carried out. 
Very respectfully 

Your Obt Serv^t, 

T. Hartley Crawford. 
Hon Andrew J Donaldson, 
17 iS CTiargid' Affaires, 

Texas. 



Rhodes to Allen.^ 
Private. 

Consulate of the United States 
OF America at Galveston Texas, 

August ilst. I845. 
Dr. Sir 

Herewith you have enclosed a letter from the State Department 
of the United States directed to me by which you will perceive I am 
Authorized to Communicate with the Government of Texas, in the 
absence of Major Donelson; After you have read it and showed it to 
his Excellency the President of Texas you will have the kindness to 
return it to me, and ObUge your 
Obedient Servt 

E A Rhodes 
Actg US Consul 
To the Honble 

Ebenezr Allen 

Secretary of State 
etc etc etc. 

Austin Texas 

aA.L.S. 



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OOBBSfiPOKDEKCE WITH THS VmTEJ> STATES. 391 

DsPAiLTMENT OF StATB 

Washington [City] Aug. 7ih I84S. 
E. A Rhodea Esquire 

Actmg Consvl of the U. States 

atGaivestony Texas. 
Sm 

Enclosed you will receive a duplicate of a despatch addressed to 
Major Donelson. If, as is probable he has left Texas on his return to 
the United States, the President directs that you will consider the 
despatch as directed to yourself confidentially, and you will with the 
least practicable delay place yourself in communication with the 
Texian Government and carry into effect the instructions contained 
in that despatch 

You will conmiunicate with this Department the measures you 
may have taken so soon as you have received an answer from the 
Government of Texas. 

I am, Sir Respectfully 

Your Obedient Servant 

J. Y. Mason 
A Copy of the original 

Joseph C. Elj>bei>0£ 

a Clk Dept ofStaU 

Texas 



DONELSON TO BuCHANAN.** 



DoNEusoN TO Buchanan.® 



RHODES TO ALLEN. ^ 

Consulate of the IJNrrED States 
OF America at Galveston Republio of Texas, 

August 21st 1845. 
Snt, 

I have the honor to inform you that I have received today pr. 
Steamer Mc Kim, a Communication from the Department of State of 
the United States, inclosing a dupUcate of a DcMspatch addressed to 
Major Donelson, which I am instructed to Open in the event of his 
Absence, and to Commimicate with the least practicable delay, with 
the Grovemment of Texas, upon the Subject thereof. In pursuance 

a August 14, 1846. See Calendar of Correspondmoe with the United States in Part I. 
»A.L.8. 



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892 00BBE8P0KDENCE WITH THB UNITED BTATB& 

of those instructions I hasten by Special Messenger to place you in 
possess of the information contained in that Despatch together with 
the Views and Wishes of the president of the United States. 

Intelligence has reached the President, which has an appearance of 
Authority not to be disregarded that the Mexicans are approaching 
the frontier of Texas in considerable force, that General Paredes, with 
Seyen thousand men is at San Luis Potosi and that General Arista 
with three thousand, principally Cavalry, is in position on or near Rio 
del Norte, and that these troops are destined for the invasion of 
Texas; with, or without a declaration of War with the United States. 

The Government and people of Texas, by their delegates in Con- 
vention having accepted the Conditions of Annexation, proposed 
in the first and second sections of the joint resolutions of the Congress 
of the United States on that Subject, the President, considers it to 
be his constitutional duty to repel a hostile invasion of Texas with all 
the means at his disposal. 

The troops imder General Taylor, have proceeded to the points 
on the frontier of Texas, at which it was supposed they could act 
most efficiently in the attainment of this Object. Orders have also 
been given to Commodore Conner to employ the Naval forces under 
his command in co'operation with the Troops. The regular force 
which could be transferred on this duty, with the reinforcements 
which will immediately be Ordered to report to the Officer Command- 
ing, may not be sufficient to resist so imposing a force, as that, which 
it is believed is about to invade Texad. 

The President has no authority to call out the Militia of Texas, 
but he has entire confidence in the Patriotism and bravery of those 
Gallant men, nor does he doubt their enthusiastic readiness to coop- 
erate with their brethren from the United States, in repelling the in- 
vaders of their Own soil. Their cooperation may become necessary — 
and in View of this Necessity, I am instructed by the president, to 
place myself without delay (in the absence of Major Donelson), in 
communication with the Government of Texas; and to propose that 
Volunteers may be invited to join the United States' troops, under 
the command of General Taylor; Organized and Officered by Officers 
of their Own Selection, to be mustered into the service of the United 
States in such numbers as the United States' Commanding General 
May deem necessary. I am also instructed to say that the information 
received by the President, is believed to be Authentic, and is such 
that he can not disregard; but the Superior opportunities, enjoyed 
by the Government of Texas and by General Taylor on the frontier, 
may satisfy them that the danger of invasion is not imminent. In 
that event it is not desired that Volunteers should be called from their 
homes into Actual Service ; 



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OOERESPONDEKCB WITH THE UNITED STATES. 893 

Apprehending that there may be a deficiency of Arms and Muni- 
tions in Texas, the President has Ordered them to be placed in a dep6t 
at Galveston Subject to General Taylors Orders, in sufficient quantity 
for ten thousand men, they will be furnished to the Texan Volunteers 
under such regulations as may issue from the War Department for 
their return when the Men are discharged. Rations will be issued 
to the Volunteers while mustered in service of the United States and 
tho there is no appropriation from which the president can have these 
troops paid, there is no reason to doubt, that troops thus employed 
will be placed by Congress upon precisely the same footing, as troops 
would be who had been regularly called Out, to repel an invasion of 
any of the existing States. 

I am likewise instructed to communicate to the Government of 
Texas that it is not the wish or purpose of the President to limit the 
number of men which that Government may deem necessary to 
defend the Country; but to guard against misunderstandings which 
may fatally disturb the harmony of cooperation, it is deemed most 
advisable, that no Volimteers shall be mustered into the Service of 
the United States, except such as may be required and approved by 
the Commander of our troops in that Service. Ail others will act 
under the Authority of Texas. 

In a^ much as imder the peculiar circumstances, there will be felt 
on the part of the United States Government the greatest solicitude 
to know with certainty, what may be the dangers and exigencies 
of Texas, the undersigned would respectfully request Mr Allen to 
commimicate to him for the information of the president of the United 
States by the return of the bearer Mr James Rhodes, what are the 
Views and wishes of his Excellency* the President^of Texas. 
I have the honor to be Your Obedient Servant 

E A Rhodes 
Actg v. S. Consul 
To the Honbl. E. Allen 

Secretary of State etc etc 



Jones to Taylor. 

Executive Department 
OUy of Austin Augt. 2Sd 1845 
Sir, 

I have the honor to acknowledge the receipt of your letter of the 
16th Inst, which was delivered me last eveningiP I have received 
no definite information in regard to a commencement of hostilities 
on the part of Mexico against the United States, but have rather 

a This letter has not been foond. 



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894 AicraiCAir histobioal iUBsooiATioir. 

inclined to the opinion that she would not adopt tiiat eoone. The 
troops which Ae is moring towards Matamoros I thought probable 
might be intended only for the defence of that point and that the 
collection of them there was induced bj the fact that the U. S were 
moving troops to Corpus Christi and that the intention of the GoTt. 
of Mexico was to act only defensiyely at present. Tliis view however 
may not be correct, and it is certainly best to be fully prepared for 
the oppodte alternative and a due regard to the general welfare may 
make it necessary and quite proper that the itdiole of your force 
should be concentrated at Corpus Christi for the defence of that point. 
In this situation of affairs I concur in your recommendation that the 
different points on our frontier, now occupied by any troops in the 
service of Texas should continue to receive adequate protection in 
the manner you propose, against any outbreak of Indians which 
might occur, as well as against our Mexican enemies. I would there- 
fore designate as you request the following companies to be mistered 
into the service of the U. S. in the manner you propose viz; One full 
company of Gangers (mounted gunmen) under the command of 
Captn P. Hansborough Bell at Corpus CSiristi. One full company, 
of Rangers as above imder the command of Capt. John T. Price 
at or near Goliad this company to be continued in position near 
Ooliad or to be transferred to Corpus CSiristi as you may think 
proper to direct. One full company of Rangers at Bexar under the 
command of Major J. C Hays One full company of Rangers at the 
city of Austin under the command of Ci^t D. C. Cody One full 
company of Artillery at Austin imder the conmiand of an officer to be 
selected and appointed by me One company of Rangers of thirty 
men at Caldwell Milam Co under the command of Lt. R. 8. Teal 
One company of rangers of thirty men at T. J. Smith's in Robertson 
Co. imder the command of Lt. Thomas J. Smith. One company of 
rangers of thirty men at Dallas in Fannin Coimty, under the com- 
mand of Lt. John McGarra. These several companies will it is 
believed afford adequate protection under present circumstances to 
the several points indicated on our frontier, and serve as nuclei 
around which to rally a volunteer or militia force in the event of any 
sudden outbreak of the Indians, or an irruption on the part of the 
Mexicans. 

I send by the bearer of this to Col. Clark L. Owen of Texana a 
Commission as Col. in the volimteer infantry of Texas with instruc- 
tions from the Secty of War and Marine to enroll and have in readi- 
ness a force not exceeding One thousand men — and to mxister them 
into service and place himself under your command and cooperate 
with you in the event of an actual invasion by Mexico, or upon your 
request. The number of men you may wish called into service, 
under Col. Owen not exceeding the above number you will please 



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COERESPONDENCB WITH THE UKITBD STATES. 3d6 

make known to him and they will be mustered accordingly Each 
man will be expected to furnish himself with a rifle and fifty rounds 
of ammunition, and to confirm strictly to the orders of the officers 
in command.** 

Your proximity to the scene of active operations and means of 
early information will enable you to judge correctly of the amoimt of 
force you wOl require, If those designated above should not be 
sufficient I will at your request call into service any additional number 
of men, within my control that you may indicate. 

I shall remain at this place imtill a day or two after the adjourn- 
ment of the Convention which will probably take place about the 1st 
Septr. The Sect'y of War and Marine will continue his office per- 
manently here. If in his power he will pay you a visit in the course 
of two or three weeks at Corpus Christi. I shall return to this place 
in October Should the State of your service permit it will aflford me 
much gratification to meet you and to confer with you personally in 
relation to the dispositions proper to be made for the permanent 
occupation and defence of the frontier of Texas and upon matters 
connected therewith 

I have the honor to be 

with the highest respect 
Your Obt. Svt 

Anson Jones 
To Gen. Z. Tayloe 
U.S.A 
Commcmding Army of Occupation 



Batmond to Polk.* 



Allen to Rhodes.*^ 

Depabtment of State 

Austin SO August 1845 
E. A. Rhodes, Esquire, 

Ading Consul of the United States at Galveston 

etc etc etc 
The undersigned Secretary of State of the Republic of Texas has 
the honor to acknowledge the receipt of the note addressed to him 

a There are on file with the Diplomatic Correspondence two letters from Jones to Owen, dated respect- 
ively August 23, and August 28, 1845. In the first Jones sends Owen a colonel's commission with instruc- 
tions and states that Captains Bell and Price are authorised to enroll sixty men each and muster them into 
the service of the United States; that Taylor apprehends ah attack from the Mexican forces concentrating 
at Matamoros; that Jones himself has designated the points at which men are to be enlisted and stationed, 
and their nimsber. In the second letter, he states that the probability of Mexican hivasion is increasing, 
and that the United States has made a deposit of arms and munitions at Galveston. 

b August 28, 1846. See Calendar of Correspondence with the United States in Part L 

e See Records of Department of State (Texas), Book 44, p. 281. 



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396 AMERICAN HISTOBIOAL A8S00IATIOK. 

by E A Rhodes, Esqr., acting Consul of the United States at Gal- 
veston, under date of the 21st instant communicating intelligence 
transmitted to the President of the United States, touching the 
recent movements of Mexican Troops under Grenerals Paredas** and 
Arista, and the preparatory measures of His Excellency adopted and 
advised for the protection of Texas against their attacks. 

Intelligence of a similar character, but less full in its details, has 
been conmiunicated to the Executive in a dispatch from Gren Taylor, 
under date of the 16 instant, and in a note from Mr Donelson, dated 
the 5th instant and transmitted to this Department. His Excel- 
lency's reply to the note of Gen Taylor was dispatched on the 23d 
instant and its contents express the opinion then entertained by the 
Executive that the Mexican forces concentrating at Matamoras and 
other points upon the Rio Grande, were* not intended for the imme- 
diate invasion of Texas, but rather to remain in position and act 
defensively for the present. That opinion was based upon such evi- 
dences as were then in possession of the Executive; but the addi- 
tional and specific information contained in the .note of Mr. Rhodes, 
relating to the intelligence from authentic sources which has reached 
the President of the United States, leaves little room to doubt that 
those troops are designed by the Mexican Government for hostile 
operations against Texas. There is no reason to suppose that such 
hostiUties would be preceeded by any formal declaration of war by 
Mexico against the United States; nor that her belligerent operations 
would be carried on [in] the form of sustained and systematic war- 
fare. After a brief series of sudden attacks and rapid evolutions, 
the Mexican force